The mass crossing of 30 July left Spain with a large backlog in Ceuta. The Government plans to bring emergency rules to the Council of Ministers next Tuesday. The decree law could allow some migrants to return before every asylum appeal is complete.
Interior is leading the project with several other ministries. The measure would cover asylum applications registered in Ceuta after the crossing and change several stages of the current process. For now, applicants retain legal protections while their cases are examined or challenged.
The draft would cut that wait by removing the preliminary review by the Interministerial Commission for Asylum and Refuge, known as CIAR. Interior could then reach a decision without waiting for the commission's opinion.
The biggest change concerns cases that are still pending. During the national-security situation declared in Ceuta on 25 August, protection could be withdrawn from nationals of countries the European Union considers safe, including Morocco.
The rule could also cover people filing successive applications and applicants considered a threat to public order or national security. That could mean return before a case is finished, separating a person's physical return from the final administrative decision on the protection request.
A legal review of the Supreme Court’s 8 July 2026 ruling says the special border-rejection regime for Ceuta and Melilla cannot simply replace the ordinary return procedure for people who arrived by sea or were intercepted offshore. Such cases require identification and legal assistance, while people must also have an chance to request asylum. Spain’s Youth Minister has also said that most of the unaccompanied minors who arrived in Ceuta would not be returned to Morocco.
The Government also wants courts to act faster. Some asylum refusals would have to be challenged within five calendar days, and those cases would receive priority treatment.
Another proposal would allow authorities to archive applications when applicants leave reception centres in Ceuta. They could then face removal.
The idea is sensitive. Some centres are already under investigation for suspected mistreatment. If leaving one of those facilities ends an application, conditions inside the centre become part of the legal dispute.
Information from the latest official figures, 2,546 adults had passed through police screening by 22 September. The Government said most had asked for international protection. It has not said how many applications from people who arrived on 30 July were rejected.
Ángel Víctor Torres expects most applications to fail. Interior Minister Fernando Grande-Marlaska has backed that view several times and put the approval rate for Moroccan citizens at 1%.
Torres is also the single authority overseeing the crisis. He has said that close to 18,000 migrants remain in Ceuta. The Government says faster case reviews are needed to increase returns to Morocco.
Reports from Anadolu Agency and official comments have also said that thousands remained in Ceuta after the July crossing, including minors. The Government was arranging additional accommodation at the same time.
Grande-Marlaska has said Spain will return everyone who has no right to remain in the country, including people whose protection applications have been examined and rejected.
The Interior Minister has linked the faster process to the EU Pact on Migration and Asylum. The relevant structure sets a maximum return-procedure period of up to 12 weeks: six weeks for administrative steps and another six for court proceedings.
Spanish authorities have reported a high return rate since the mass entry at the end of July. Grande-Marlaska said cooperation with Rabat had already allowed more than 90% of those who entered illegally at that time to return.
Government figures cited by EFE recorded 6,791 voluntary returns from Ceuta to Morocco between 10 August and 22 September 2026, including 1,308 in the final week. Another official tally counted 7,099 returns to Morocco since 10 August. That figure includes voluntary and forced returns.
Foreign Minister José Manuel Albares has described contacts with Morocco over returns as frequent. The goal is to complete removals once the necessary documents are ready and prevent more mass entries.
Morocco has publicly signalled readiness for closer cooperation. Messages reported in September questioned why returns had not yet happened and criticised the treatment of unaccompanied minors.
The legal design is difficult. The decree law would change matters covered by an organic law, so it must be drafted with particular care.
Government sources involved in its preparation say the text is being built to withstand legal challenges. They also want to stop mass appeals from suspending returns.
Speed is only part of the issue. International and Spanish asylum guarantees require an individual review of each case.
The proposed rules would shorten the time to challenge refusals and could also allow removal before a case is complete. A separate Madrid housing case involving an 87-year-old woman raises concerns about how authorities treat people in vulnerable positions, though the two situations are separate. See the Madrid housing case.
The decree would be the second extraordinary measure linked to the Ceuta crisis. The first declared a situation of interest for national security on 25 August and was intended to coordinate the administrations involved.
The new proposal deals with what happens after people arrive. That is a different task.
Information from the European Union Agency for Asylum's mid-year review, around 332,000 applications for international protection were lodged in the EU+ during the first half of 2026. The figure was 17% lower than in the same period a year earlier.
The wider fall in applications does not remove the need to assess each case in Ceuta. It places Spain's plan within a broader European debate about processing capacity and returns.
The Government has a real backlog to address. Yet the draft puts speed ahead of safeguards designed to separate one case from another.
Unless the final text preserves a genuine examination and an effective right of appeal, it will do more than speed up decisions: it will weaken the protection system while trying to fix an administrative problem.
