Spain is set to be the only EU member state to vote against new migrant expulsion rules at the next vote. Belgium plans to abstain, while every other member state is expected to back the regulation as the bloc pushes for stricter migration controls.
The new law, already approved by the European Parliament, gives member states the power to detain migrants for up to 24 months and set up deportation centers outside the EU. It also introduces the concept of “return hubs,” offshore centers for processing and deporting migrants that several member states are considering. Pedro Sánchez and his government oppose the regulation, arguing that it does not guarantee automatic recognition of expulsion decisions. Madrid also warns that the rules could send migrants to third countries with weak legal protections. Eurostat data shows that in the second quarter of 2026, EU countries issued 110,335 expulsion orders. Only 36,825 people were returned to third countries, a 9.7% rise from the year before.
Interior Minister Fernando Grande-Marlaska will deliver Spain’s lone “no” in Luxembourg at the meeting of EU interior ministers. The European Council has scheduled its final discussion of the regulation for October 1 and 2, 2026, following the European Parliament’s approval in June. Documents reviewed by EL ESPAÑOL show Spain’s objections: the regulation does not provide for automatic recognition of expulsion orders, and the legal status and safeguards of offshore deportation centers remain uncertain. Madrid also objects to the possibility of detaining migrants for up to two years, including families with no ties to the destination country. Several official sources say Spain is concerned about the legal gray areas surrounding these centers and the risk of prolonged detention. Madrid considers this approach disproportionate.
Pressure on Spain has grown since the recent migration crisis in Ceuta. In late July, thousands crossed the border. EU leaders sent a joint letter blaming Spain’s regularization policies for creating a “pull effect.” Madrid disagrees. Officials say the new regulation would not resolve the situation in Ceuta. The government has struggled to return migrants to Morocco and has not disclosed how many remain in Ceuta. Reuters reported that, after the mass crossing, European Commission President Ursula von der Leyen praised Spain for quickly returning most arrivals to Morocco.
The numbers show the scale of the problem. In the last two months, Spain managed just 449 expulsions, including 131 in the past week. There were also 7,794 voluntary returns. Across the EU, countries carried out 36,825 returns in the second quarter, equal to 33.4% of all expulsion orders. Spain’s rate was much lower, at 23.1%, more than ten percentage points below the EU average, information from Eurostat figures released before the Ceuta crisis.
Grande-Marlaska’s ministry says the new rules would allow detention periods to be chained across borders, with no clear time limit. It considers this excessive. The government also says the regulation does not address chaotic mass crossings like those in Ceuta or provide special tools for emergencies.
EU partners want answers from Spain about how it handled Ceuta and its plans for returning migrants to Morocco. A diplomat from a country with strict migration rules said the focus is on Ceuta’s wider impact, not simply on blaming Spain.
EU Commissioner for Home Affairs Magnus Brunner is preparing a five-point plan to strengthen the bloc’s borders in response to what happened in Ceuta. Its basic feature is an emergency mechanism announced by Ursula von der Leyen. It could allow member states to suspend asylum rights during sudden migration surges. The Commission warns that mass arrivals threaten both security and unity in the EU.
Calls for a united European response are growing louder, but Spain is not changing course. The Sánchez government continues to resist the EU’s push for tougher migration controls as the rest of the bloc moves in the opposite direction.
Ceuta’s recent crisis has already led local leaders to consider moving some migrant minors to mainland Spain, as reported earlier. The country faces domestic pressure and EU demands, with events on the ground adding to the strain.
Spain’s refusal to back the regulation reflects a deep divide between Madrid and its European partners on migration. The government says it will not trade its legal and humanitarian concerns for tighter border control. As the EU moves ahead with stricter rules, Spain’s isolation could extend beyond a single vote and shape the country’s future role in European migration policy.
