Catalonia is embroiled in a debate over an initiative that could change the way foreign inmates are handled. Regional authorities have ordered prisons to urgently compile lists of all foreign nationals held in pre-trial detention who could potentially qualify for a new wave of legalization launched by Pedro Sánchez’s government. This decision may not only affect the fate of hundreds of people, but also impact the entire correctional system in the region.
According to an internal directive, prisons must promptly conduct a review and identify which non-resident inmates meet two main criteria: having stayed in Spain for at least five months and having no prior convictions before the current criminal case. If such individuals obtain residency before sentencing, their defense could use this status to challenge deportation as provided under Article 89 of the Spanish Penal Code.
Union response
The SICAP-FEPOL prison workers’ union has sharply criticized the initiative, warning of possible negative consequences for public safety and order within institutions. Union representatives point out that currently 69% of all pre-trial detainees in Catalonia are foreigners. In their view, hasty legalization could create loopholes to avoid deportation and even encourage an increase in such cases.
Organization secretary Miguel Pueyo emphasizes that some inmates are surprised to learn that time spent in prison can count as legal residence in the country. He also notes that word is already spreading among prisoners about the possibility of using the new scheme to strengthen their positions in court and avoid deportation.
Internal guidelines and statistics
An order signed by the head of the Catalonia Department of Penitentiary Affairs calls for immediate “prospection”—that is, gathering data on potential candidates for legalization. Officially, this concerns statistics, but unions fear it will lead to a large-scale issuance of residence permits before sentencing.
As of today, 1,888 people are held in pre-trial detention in Catalan prisons, of whom 1,307 are foreigners. There is no precise data yet on how many of them will be able to take advantage of the new procedure. However, nationwide, up to half a million migrants are expected to receive documents as part of this campaign.
Context and concerns
The union links the current situation to the increasing strain on the penitentiary system. Recent legislative changes aimed at combating recidivism have already led to a rise in the prison population. According to the Catalan police (Mossos d’Esquadra), there are now nearly four thousand repeat offenders active on the streets of the region. In these circumstances, any steps that could weaken criminal liability or create additional incentives to break the law require particular caution.
The union emphasizes that all administrative decisions must align with the interests of safety and the protection of prison staff as well as citizens. They also point to inadequate training and weak management by the regional Ministry of Justice, which, in their view, only exacerbates the situation.
Parallels and consequences
The issue of legalizing foreigners in Spain has repeatedly been the focus of public and political debate. Recently, the country discussed changes to voting rights for new citizens and the descendants of exiles, which sparked a strong response among politicians and experts. A detailed analysis of these changes and their potential impact on the country’s political landscape can be found in the article on the new rules for legalized and naturalized citizens.
In recent years, Spain has already experienced waves of mass legalization of migrants, each accompanied by debate over its impact on the labor market, the social welfare system, and crime rates. In 2023, a similar initiative sparked protests among prison staff and police, as well as heated discussions in parliament. Then, as now, the main issue was finding a balance between humanitarian considerations and public safety.
