The issue of mass legalization of migrants in Spain reaches a new level as the Consejo de Estado calls for stricter controls over the issuance of new residence permits. This decision could affect the fate of hundreds of thousands of foreigners, as well as impact the work of government agencies and processing times for applications. According to El Pais, the main concerns involve background checks for criminal records and the exclusion of certain categories of applicants from the process.
The Consejo de Estado insists that every applicant for legalization must submit official certificates confirming the absence of a criminal record. If such documents are missing, the process should be suspended until they are provided. Currently, the project allows the procedure to continue based on the migrant’s personal statement, which, according to the Council, creates risks and could lead to mistakes. The Ministry of the Interior supports this stance, arguing that only strict checks will help prevent abuses.
Exceptions and Controversial Points
The bill provides for two situations in which a criminal record certificate is not required: if the migrant has lived in Spain for five years, or has previously submitted such a document. The Council of State considers both measures ineffective. For undocumented individuals, proving five years of legal residence is nearly impossible, and resubmitting a certificate does not guarantee that no new offenses have been committed during that period. The Council insists on removing these exceptions and requires that the absence of a criminal record be verified for everyone without exception.
The discussion of documents proving residency in the country was also a key point. The Interior Ministry opposed the use of expired passports and other outdated papers to confirm the five-month period of residence. The Council supported this requirement, stating that only valid documents should be accepted. This decision may complicate the process for many migrants, but in the Council’s view, it will increase the transparency and reliability of the procedure.
Impact on asylum procedures
Special attention is given to those who have already applied for international protection or recognition as stateless persons. The Council of State believes it is incorrect to mix these categories with ordinary legalization applicants, since their legal grounds and consequences differ. The Ministry of the Interior also supports separating these processes. However, the Migration Ministry is not yet ready to change its approach.
According to RUSSPAIN.COM estimates, about 500,000 people could obtain legalization, including approximately 300,000 applicants for international protection. For many of them, switching to a new legalization process requires giving up a more secure status, raising concerns among human rights organizations. The Council of State acknowledged these concerns, noting that giving up international protection to join a mass legalization could result in lost guarantees and complicate the review of individual cases.
Organizational challenges
An important topic was the involvement of state-owned companies and post offices in processing applications. The Council of State insists that Tragsa should only provide technical support and document processing, without taking part in decision-making. It was also noted that using Correos offices for receiving applications could cause delays due to a lack of trained staff and the wide geographic distribution of acceptance points.
The Spanish authorities emphasize that the recommendations from the Council of State are technical and do not affect the substance of the reform. According to El Pais, the government is already making adjustments to the draft to address all comments and is preparing the final text for approval at the upcoming Council of Ministers meeting. Notably, the process is proceeding without debate in Congress, which has sparked further interest and controversy among politicians and experts. In light of these developments, it’s worth recalling that a special committee was recently established to monitor the consequences of mass legalization, as previously reported in the article on the creation of a committee to analyze the consequences of migrant legalization.
Context and recent developments
In recent years, Spain has faced a surge in applications for legalization and international protection. Major reforms in migration policy have frequently become the subject of intense debate, especially amid legislative changes and pressure from the EU. In 2024, similar initiatives sparked protests among local residents and human rights advocates, as well as delays in case processing. The introduction of new regulations and stricter controls may alter migration trends and impact the labor market, as well as Spain’s relations with European institutions.
