The Aquarius Government and of extraordinary regularization now embraces the EU’s toughest and most restrictive line against immigration, almost a month after the massive entry into Ceuta of 80,000 undocumented migrants from Morocco. But it does not want to admit the shift. Up to five times the Minister of Interior, Fernando Grande-Marlaska, spoke of a “guaranteeing” approach with “human rights” during the announcement, last Tuesday, of the modifications to the Asylum and Immigration laws approved to streamline expulsions.
But, in reality, its reform has not taken into account the contributions of NGOs, which called for measures “focused on people and their rights”. What’s more, it has become “the complete opposite”, according to the Spanish Commission for Refugee Aid (CEAR), which warned yesterday that the reforms are “regressive”, are “in line with countries with more restrictive policies in the EU”, are even “harsher than required” by the European Pact on Migration and Asylum and put in “serious danger” those who may need international protection.
This change of direction by the Government comes after criticism for its inaction in the migratory crisis, with 8,000 foreigners -according to police sources- stranded in Ceuta and after the censure of up to 22 EU countries that have considered that Pedro Sánchez’s mass regularization process for immigrants may have had a “pull effect” that has multiplied the avalanche. The Executive has gone from practically not carrying out expulsions to announcing, after Tuesday’s National Security Council, a new system that asylum experts see many problems.
The European Pact on Migration and Asylum, approved in 2024, designed a new model of international protection that resulted in nine regulations and one directive. In them there are provisions that establish various options or gradations that need to be specified in national legislation. But the Government has gone to the most severe end of the spectrum. This conveys a message of firmness that tries to be disguised with small concessions «in specific situations of vulnerability», such as that of women victims of gender violence or the LGTBIQ+ collective:
1. SPEED
Until now, an ordinary procedure has been applied in the resolution of asylum applications for irregular entries of immigrants through Ceuta and Melilla. There is a border procedure that was reserved entirely for arrivals by airports. Now this border procedure will also be applied in Ceuta and Melilla and for arrivals in dinghies; that is, it will be the norm for all foreigners who enter irregularly and wish to request international protection. These are “procedures faster but less guaranteeing“, according to CEAR.
If with the ordinary procedure a period of six months was given for the Ministry of Interior to resolve the application during the administrative phase -in practice, the paperwork lasted an average of 18 months-, now in 12 weeks it will have to be resolved, not only in the administrative phase but also in the judicial one. In fact, a maximum of six weeks is established for the administrative phase and six weeks for judicial appeals. It so happens that the Audiencia Nacional is now resolving appeals against asylum denials that were filed after the massive entry of 2021. That is, the Government wants to complete in three months a process that until now can take a lustrum (five years). And the possibility for immigrants whose application is rejected to file a first administrative appeal is eliminated.
2. PERMANENCE
Until now, every asylum seeker has the right to remain in Spain provisionally. As of the Government’s reform, limitations will be established and will not have that right those who arrive via Ceuta and Melilla, in dinghies or through authorized border posts without meeting legal requirements (for example, a person arriving by airport but lacking economic means to justify their stay). Nor will people who violate a previous entry ban, explains Elena Muñoz, a lawyer specializing in asylum law at CEAR, who considers that “it is a very restrictive” interpretation of the European pact, as it “did not oblige” this extreme.
3. SAFE COUNTRIES.
The European pact does not oblige countries to make a list of safe countries (those that have an asylum application acceptance rate equal to or less than 20%), but Spain plans to do so. This allows for faster processing. An accelerated process is carried out which, in many cases, implies the automatic denial of petitions if no exceptional circumstances exist. That is, applications from Moroccan citizens can be more easily rejected because Morocco is considered a safe country, even though political opponents or the LGTBIQ+ community would have the right to protection.
4. EMBASSIES.
NGOs called for strengthening the possibility of requesting transfer from embassies and consulates to submit asylum applications in Spain, and this option is now weakened, leaving it to the discretion of these representations when they become aware of a case.
5. DETENTIONS.
The reform maintains the current 60 days as detention periods in CIEs, but it foresees the possibility of re-interning an immigrant, up to a maximum of 120 days, if they request protection. On the other hand, it allows for the extension of detentions and deprivation of liberty, both during triage to identify immigrants and detect vulnerabilities (from 72 hours up to seven days with judicial authorization) and during the border procedure (from a maximum of eight days it would go to two weeks).
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