Ceuta’s spiraling crisis has reignited calls for the state of exception, a rarely used legal tool that could allow swift expulsions and strict controls. Legal and military voices argue it is the only way to restore order after weeks of chaos.
Ceuta’s security crisis has stopped being a distant debate. The city is still tense nearly two months after Pedro Sánchez called the July events an “attack on the territorial integrity of the State.” Public order is stretched thin. Standard legal tools are not enough. Euronews reported that more than 80,000 people entered Ceuta during the July crisis. Estimates say 5,000 to 10,000 remain, and about half are 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 not just an option. They say it is needed now. This measure needs Congress approval and can last up to 30 days. It lets authorities suspend some rights, set curfews, restrict movement, and speed up expulsions. But expulsions cannot be done 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 kept a high alert, according to several European outlets.
After the July influx, Spain activated a unified crisis coordination mechanism led by the Minister of Territorial Policy, with regular reports submitted to the Council of Ministers.
The state of exception stands out for its strict rules on foreign nationals. Article 24 of the law requires daily check-ins, tough ID checks, and proof of residency. Breaking these rules can mean immediate expulsion. Still, legal experts warn that each expulsion must be justified one by one. Mass expulsions are not allowed. The real problem is the number of cases versus the small staff at immigration offices. Official Spanish sources say that since August 10, 6,791 people have gone back to Morocco on their own and 318 have been expelled. The biggest bottleneck is still identifying and processing unaccompanied minors. There just aren’t enough staff.
For people living in Ceuta, insecurity has only grown since the border breach in late July. Crime is up. Many feel the city is out of control. The national emergency declared three weeks ago did not bring calm. Now, many 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, but citizens and police say it could be over 20,000. The gap is wide.
Military officials, both serving and retired, say declaring a state of exception is a political call. 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 so their actions are protected when they help police on the ground.
On September 23, Prime Minister Pedro Sánchez publicly attributed the crisis to a failure of Moroccan border control, a position echoed by international media covering his remarks at the United Nations in New York.
Inside Ceuta’s local government and the Partido Popular, exceptional measures were on the table from the start. Mayor Vivas asked 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 the state of exception. They worried about public backlash and the government’s refusal to admit 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. They point 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 not just Spanish borders. They are European. In this, Frontex—the EU’s border agency—has a key role.
Top generals say the legal framework for handling the fallout from mass crossings is up to politicians, not the military. Retired officers, less bound by protocol, have spoken out for tougher solutions. But the facts on the ground are clear. Even with faster procedures, the backlog and lack of staff make quick expulsions nearly impossible. The system is jammed.
Spain’s legal system is now 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. Some want a deeper review of the law to prepare for future emergencies. The debate is bigger than Ceuta. It raises 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 show how fragile current systems are and how urgent reform can be. The state of exception, once a distant legal idea, is now at the heart of 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. Now, the city faces a long stretch of uncertainty. The lesson is simple. When normal measures fail, delay comes at a real cost for those living on the frontier.
