Spain’s Attorney General, Teresa Peramato, has issued a decree requiring regional prosecutors to intervene if autonomous communities refuse to accept unaccompanied migrant minors transferred from Ceuta. The directive followed the mass crossing from Morocco on 30 and 31 July. The Spanish central government later described approximately 72,000 arrivals as its “most reasonable” estimate. A separate Ceuta government document dated 14 October put the number at 96,058, an administrative estimate rather than an individually verified count.
The new guidelines, published by Spain’s Public Prosecutor’s Office (Fiscalía), require prosecutors in Ceuta and the destination regions to coordinate on each minor’s transfer. The prosecutor in Ceuta must inform their counterpart in the receiving region about the minors being relocated, including the status of any ongoing age-determination procedures. Once notified, the destination region’s prosecutor is responsible for ensuring that local child-protection authorities provide immediate, adequate care.
Peramato’s order makes clear that prosecutors must act if a regional government resists or delays the reception of minors assigned to it. If a community refuses to accept its share or fails to communicate its decision, the prosecutor in Ceuta must notify the destination region’s prosecutor, forwarding the official relocation decision and any objections raised. The receiving prosecutor must then require the regional authority to designate an appropriate resource for the minors’ care upon arrival and keep Ceuta’s prosecutor informed throughout the process.
The decree references Article 6.4 of the Royal Decree regulating emergency measures for the protection of unaccompanied migrant minors. This provision requires destination regions to receive minors and take the necessary actions within their competence to provide comprehensive care and accommodation. If a region refuses, it must seek assistance from national law enforcement, which will alert the Fiscalía. The structure also provides for potential liability for non-compliance.
The transfer process is linked to Article 35 of Spain’s Immigration Law. Under government-organized arrangements, 262 minors had left Ceuta: 89 through family reunification and 173 through transfers to other autonomous communities under that provision. Once a transfer is assigned, the receiving territorial authority is responsible for accommodation and care. The dispute addressed by the prosecutorial measures is whether a region can delay or refuse reception after a relocation decision has been issued.
Ceuta’s child-protection system was reported to be caring for 3,019 unaccompanied foreign minors after the July emergency. They were housed in 20 facilities, including 17 opened after the emergency began, and were described as almost entirely Moroccan. The caseload placed the city’s autonomous government at the center of the dispute over transfers to mainland regions. The government previously allocated €25 million to support Ceuta’s efforts, as detailed in a recent report on emergency funding for the city.
Unaccompanied migrant minors in Spain are entitled to state protection, with responsibilities shared between the central government and autonomous communities. Ceuta’s care burden and the transfer arrangements have put that division of responsibility under pressure. The decree sets out a process for prosecutors to address refusals or delays and requires coordination between authorities as minors are moved to receiving regions.
