Spain's Supreme Court has ruled that immediate border expulsions cannot be used against migrants intercepted at sea while swimming to Ceuta or Melilla. The decision clarifies the limits of the express return policy at the Spanish-Moroccan border.
Spain's Supreme Court has set a new legal boundary for the country's controversial 'hot return' policy, ruling that migrants intercepted at sea while attempting to swim into Ceuta or Melilla cannot be subjected to immediate expulsion. The decision, delivered three weeks ago, comes as thousands of people have recently tried to enter Ceuta from Morocco, highlighting the ongoing pressure on Spain's North African borders.
The court's ruling interprets the existing immigration law, which allows for express returns at the border, and clarifies that this measure only applies to those who cross physical border barriers, such as fences. Migrants intercepted in open water, the judges determined, do not fall under the scope of the law's provision for immediate rejection at the frontier. This interpretation followed the case of an Algerian national who was handed over to Moroccan authorities after being stopped at sea in November 2024 while trying to reach Ceuta by swimming. The individual argued that his expulsion was carried out without due process, legal assistance, or the opportunity to seek international protection.
Lower courts in Ceuta and the Superior Court of Justice of Andalusia had already sided with the migrant, except for his claim for financial compensation. They found that entering by sea does not involve overcoming a physical border barrier, making the law's tenth additional provision—which permits immediate expulsions at the border—inapplicable in such cases. The State Attorney appealed to the Supreme Court, arguing that the law should apply to any foreigner detected at the border, regardless of physical obstacles.
After reviewing the appeal, the Supreme Court concluded that the special regime for Ceuta and Melilla, which allows for express returns, is not intended for all irregular entries. The judges emphasized that technological surveillance tools like drones or thermal cameras do not count as physical barriers, as they only detect and monitor, rather than physically prevent, border crossings. However, the court left open the possibility for the government to extend the express return policy to sea arrivals in the future, provided that physical maritime barriers are established to protect the border line.
This legal clarification comes amid a surge in sea arrivals to Ceuta, which has strained local resources and prompted calls for national intervention. As reported in a related development, police in Ceuta have warned of operational collapse as hundreds of migrants arrive by swimming, underscoring the practical impact of the court's decision on border management.
Spain's approach to border control in Ceuta and Melilla has long been a subject of debate, balancing security concerns with legal obligations to protect migrants' rights. The Supreme Court's ruling does not change the law itself but sets a precedent for how it should be applied in cases involving sea arrivals. The decision may prompt further discussion about the adequacy of current border infrastructure and the need for legislative updates. Ceuta and Melilla remain the only land borders between the European Union and Africa, making their legal and operational frameworks particularly significant for Spain and the EU as a whole.
