The Supreme Court of Spain has officially accepted for consideration a lawsuit filed by the Madrid government, led by Isabel Díaz Ayuso, against the new decree on mass legalization of migrants. The regional authorities are seeking to suspend the document, which could allow more than 500,000 foreigners to obtain legal status in the country.
According to Ayuso’s team, the initiative of Pedro Sánchez’s government poses a threat to national security and could put significant strain on Madrid’s public services system. The regional authorities argue that the decree does not provide additional funding or resource mechanisms, and they also note inconsistencies with European regulations. Potential impact on “national security” is cited as one reason for the lawsuit, although no specific studies or evidence are presented to support these concerns.
Arguments and response
The decision of the Supreme Court was announced by the official representative of the Madrid government, Miguel Ángel García Martín, after a government council meeting. The lawsuit was filed at the end of last week, and the court is now examining its merits. The Madrid authorities insist that mass legalization could negatively affect the operation of schools, hospitals, and other services, as the region will not receive additional funds to support new residents.
At the same time, Ayuso’s position appears ambiguous: she has traditionally supported the Latin American community in Madrid, especially among Venezuelan expatriates, but opposes emergency legalization, which is estimated to primarily affect citizens from Latin American countries. According to authorities, two-thirds of potential beneficiaries of legalization are from this region.
Context and political struggle
In the past, Spain has already conducted mass legalizations under the governments of José María Aznar and José Luis Rodríguez Zapatero, and at that time, such concerns did not arise. Now, however, the issue of migration is becoming increasingly acute amid the growing popularity of the VOX party, which is putting pressure on the People’s Party. Ayuso has toughened her rhetoric in order not to lose ground in a region where the majority traditionally supports the right.
Madrid authorities are also highlighting administrative difficulties: on the first day of submitting applications, more than 400 offices across the country faced queues, technical failures, and a lack of information about the procedure for submitting documents. Additional uncertainty arises regarding who should issue the vulnerability certificates required for legalization. The Ministry of Inclusion, Social Security, and Migration has promised to clarify the criteria, but for now, the situation remains uncertain.
What comes next
Madrid’s lawsuit was the first such move among regional governments. Ayuso is acting preemptively, without waiting for a response from party leader Alberto Núñez Feijóo and other regional leaders. Now, the fate of large-scale legalization largely depends on the decision of the Supreme Court, which must assess the legality and consequences of the controversial decree.
