Ceuta remains tense nearly two months after Pedro Sánchez called the July events an “attack on the territorial integrity of the State.” Legal and military voices say standard tools cannot ease the strain on public order. Euronews reported that more than 80,000 people entered Ceuta during the July crisis. Estimates put the number who remain at 5,000 to 10,000, about half of them unaccompanied minors.
Legal and military sources told ABC that the state of exception, set out in Article 116 of the Spanish Constitution and Organic Law 4/1981, is needed now. The measure requires Congress’s approval and can last up to 30 days. It allows authorities to suspend some rights and impose curfews. Authorities can also restrict movement and speed up expulsions. But expulsions cannot be carried out in bulk. In late September 2026, Spain and Morocco both tightened security around Ceuta. The Spanish Ministry of the Interior sent more forces to the border and maintained a high state of alert, information from several European outlets.
The state of exception sets out strict rules for foreign nationals. Article 24 of the law requires daily check-ins and strict ID checks. It also requires proof of residency. Breaking these rules can lead to immediate expulsion. Legal experts warn, but, that each expulsion must be justified individually; mass expulsions are not allowed. The basic problem is the number of cases and the small staff at immigration offices. Official Spanish sources say that since August 10, 6,791 people have returned to Morocco on their own and 318 have been expelled. Identifying and processing unaccompanied minors remains the biggest bottleneck. There simply aren’t enough staff.
For people living in Ceuta, insecurity has grown since the border breach in late July. Crime has increased, and many feel the city is out of control. The national emergency declared three weeks ago did not bring calm. Many now argue that only exceptional legal tools can restore order. The ECR group in the European Parliament said Ceuta is still far from normal almost two months after the mass crossings. Migrant numbers are disputed: government figures say fewer than 3,000 remain, while citizens and police say the number could exceed 20,000. The gap is wide.
Serving and retired military officials say declaring a state of exception is a political decision. During the Covid pandemic, the armed forces had clear legal authority as state agents. That is not the case in Ceuta now. Some in the military want the same legal clarity to protect their actions when they assist police on the ground.
Inside Ceuta’s local government and the Partido Popular, exceptional measures were on the table from the start. Mayor Vivas called for a national emergency and unified command on July 30. The Sánchez government said no, arguing that civil protection laws do not cover migration. Later, city leaders considered but did not formally request a state of exception. They worried about public backlash and the government’s refusal to acknowledge the scale of the crisis.
Vox has pressed the government to explain why the state of exception was not used when tens of thousands crossed the border fence. The party points to the strain on public services and daily life. Most agree that the best medium-term fix is to reinforce the border fence with European help. Ceuta and Melilla are Spanish borders and European ones. Frontex, the EU’s border agency, has a basic role.
Top generals say politicians, not the military, are responsible for setting the legal structure to handle the fallout from mass crossings. Retired officers, less bound by protocol, have spoken out in favor of tougher solutions. But even with faster procedures, the backlog and lack of staff make quick expulsions nearly impossible. The system is jammed.
Spain’s legal system is under pressure. The crisis in Ceuta shows the limits of current laws when faced with mass entries and hybrid threats. Legal and military voices are calling for new tools, while some want a deeper review of the law to prepare for future emergencies. The debate extends beyond Ceuta, raising questions about how Spain and Europe should act when border security and public order clash.
Ceuta’s recent turmoil has forced Spain to face the limits of its legal system. As reported in a previous investigation, moments of crisis often reveal how fragile current systems are and how urgent reform can be. The state of exception, once a distant legal idea, is now basic to Spain’s struggle to regain control in Ceuta. The government’s delay in using it early on may have closed the door to quick action. The city now faces a long stretch of uncertainty.
