Spain's Interior Ministry has instructed police to carry out immediate pushbacks of migrants swimming to Ceuta. A similar floating barrier is planned for Melilla, sparking debate over border control and legal protections.
Spain's Ministry of the Interior has escalated its border control measures in Ceuta, instructing police and Guardia Civil to immediately return migrants who attempt to swim past the newly installed floating barrier at El Tarajal. The directive, signed by Secretary of State for Security Aina Calvo, extends the legal framework for these so-called 'hot returns' to Melilla, where a similar maritime barrier is now planned, according to documentation reviewed by EL PAÍS.
The order, issued as the 500-meter-long floating barrier was being anchored off Ceuta, aims to provide legal certainty for security forces tasked with intercepting migrants at the maritime border. The barrier, which rises 30 to 70 centimeters above the water and extends a meter below the surface, is supported by anchored buoys and includes a channel for Guardia Civil patrol boats to operate and protect the structure.
Calvo's instruction clarifies that any migrant detected crossing these new maritime barriers in Ceuta or Melilla will be subject to immediate return to Moroccan territory, in line with Spain's immigration law. The move follows a recent Supreme Court ruling that found previous pushbacks of swimmers to be illegal, as the sea was not considered a formal border barrier. The court, however, indicated that the installation of physical maritime obstacles could change the legal status of such returns.
The Ministry's decision comes after a surge of over 50,000 migrants entering Ceuta last week, a crisis that has drawn international attention and prompted emergency measures. The Supreme Court's judgment was cited as a factor in the mass arrival, as it highlighted the lack of legal grounds for pushbacks when no physical barrier was present at sea. Now, with the floating barrier in place, Interior argues that the requirements for legal returns are met.
Despite the new measures, the Justice Police union (Jupol) has criticized the ministry's approach, arguing that it fails to address the underlying challenges at Spain's North African borders. Jupol points out that no additional personnel or resources have been allocated, and that police facilities in Ceuta and Melilla remain overwhelmed. The union describes the floating barriers as 'cosmetic' and calls for a comprehensive reform of Spain's immigration law to effectively manage the situation.
While the installation of the barrier in Melilla has not yet begun, the legal framework is now in place for similar action. The Ministry maintains that the sea itself is a natural border, but acknowledges that, following the Supreme Court's interpretation, only physical obstacles can justify immediate returns under current law. This legal nuance has become central to Spain's evolving border policy.
Spain's approach to border management in Ceuta and Melilla has repeatedly drawn scrutiny, especially during periods of mass arrivals. The use of floating barriers and immediate returns is part of a broader debate over the balance between security and human rights. As seen in previous incidents, such as the rapid conversion of industrial buildings to house migrant minors in Ceuta, authorities continue to adapt their response to shifting migration patterns. For more on the local impact of these arrivals, see how Ceuta authorities have managed emergency accommodation for migrant minors.
Ceuta and Melilla are Spain's only land borders with Africa, making them frequent entry points for migrants seeking to reach Europe. The legal and operational challenges at these borders have led to repeated changes in policy and infrastructure. The current focus on maritime barriers reflects both the evolving tactics of migrants and the government's efforts to comply with judicial rulings while maintaining border security. The debate over the effectiveness and legality of these measures is likely to continue as migration pressures persist.
