The government’s extraordinary regularization of undocumented migrants remains in effect after the Supreme Court rejected a request to suspend it and a proposal to refer the case to the Court of Justice of the European Union (CJEU). The Administrative Chamber’s decision leaves the plan in place while legal appeals continue, but does not resolve them on their merits. Aragón and the Comunidad Valenciana called for a freeze; Vox and the Community of Madrid have also brought legal challenges.
The court’s refusal to seek guidance from the CJEU avoids a potential months-long delay for a European review. Three magistrates had previously raised concerns that the regularization might conflict with EU migration rules, particularly those underpinning the Migration and Asylum Pact. The full panel of seven judges found no grounds to refer the matter to the European court. The decision was unanimous, with no dissenting opinion. The Supreme Court also rejected a precautionary suspension, leaving the decree in force as it considers the substance of the challenges.
The scale of the process is measured in applications, not completed grants of legal status. Spain’s Ministry of Inclusion, Social Security and Migration reported 1,174,978 applications by the closing date of 30 June 2026. By 2 July, 609,737 files had reportedly been admitted for processing, while only a much smaller number had been approved at that point. As fact-checking outlet Verificat has stressed, the headline figure describes applications; it does not mean that 1.17 million people have already been regularized.
The procedure is based on Royal Decree 316/2026, published in Spain’s Official State Gazette on 15 April 2026 and effective from 16 April. It amended the immigration regulations adopted under Royal Decree 1155/2024, and applications were accepted through 30 June. Eligible applicants used one of two pathways: an extraordinary rootedness route, generally requiring presence in Spain before 1 January 2026 and a minimum period of continuous residence, or a route for people who had previously applied for international protection. Government figures cited in reporting put the respective shares at 79.6% and 20.4%.
A successful applicant receives a one-year residence authorization permitting work as an employee or a self-employed person in any sector in Spain. That authorization does not grant an automatic right to work across the European Union. Nor is filing an application or receiving an acknowledgment the same as holding a final authorization. Individual rights depend on the decision issued on each file. The legal process will so turn on the Supreme Court’s eventual review of the challenges and the administration’s assessment of applicants against the decree’s conditions.
The intake has also added to pressure on the immigration administration. Spanish officials set a three-month decision period after registration; a reported reinforcement plan assigned 500 personnel across 52 offices. Authorities also worked to address about 150,000 pending arraigo cases. El Economista has reported that the workload could extend beyond the initial decisions, with more than one million renewals and modifications projected from 2027. Those follow-up cases are separate from the first-round adjudication of the 1,174,978 applications.
The Supreme Court still has to decide the appeals brought by Vox and Madrid. Aragón and the Comunidad Valenciana have also challenged the measure. Rejecting an interim suspension keeps the procedure moving, but does not determine its final legal status or settle arguments about its compatibility with national and EU law. The dispute unfolds alongside competing approaches to migration policy, including more restrictive proposals advanced by some parties and regional authorities. In a related case, a court in the Canary Islands ordered Social Security to compensate a civil servant for workplace stress, highlighting wider pressures on public institutions. For more on pressures facing public offices, see this report on staff shortages and legal rulings in La Palma.
