Spain is preparing new rules for migrants and asylum seekers. Find out what changes are proposed in the laws
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The Spanish government has launched a large-scale reform of migration legislation that could alter border procedures, the processing of asylum applications and the rules governing the stay of foreign nationals in the country.
Why Spain is changing migration rules
The official reason for the reform is the need to align Spanish legislation with the EU Pact on Migration and Asylum, adopted at European level in 2024. According to Interior Minister Fernando Grande-Marlaska, both draft laws share a common goal — to adapt the national system to the new European model.
However, the political context plays an equally important role. The government is launching the reform shortly after a major migration crisis in Ceuta in late July 2026. According to various reports, tens of thousands of people entered the Spanish enclave en masse at that time. The authorities were forced to urgently expand places for humanitarian reception and accelerate procedures for those who remained in the city.
The situation in Ceuta has become one of the sharpest tests for Spanish migration policy in recent years. Like Melilla, the city is one of the few land entry points into the European Union from African territory. For decades, it has therefore remained a key point on irregular migration routes. Successive governments have tried to balance between humanitarian obligations, pressure from the EU and internal political dynamics.
Primary screening at the border
One of the main innovations concerns people arriving in Spain via the EU’s external border. The new system introduces a screening procedure — a preliminary check during which a person’s identity will be established, documents verified and a decision made on which further procedure they should enter.
In practice, the authorities aim to more quickly separate those who may be eligible for international protection from those who have no legal basis to remain in the country. This approach corresponds to the logic of the new European pact, which envisages clearer “sorting” of migrants at early stages.
The screening procedure will be applied both on the coast of the Canary Islands and at the borders of Ceuta and Melilla. This means the changes will affect not just one region but also the key sea and land routes by which migrants reach Spain.
Faster processing of applications for international protection
Another significant change concerns an accelerated procedure for examining certain applications for international protection. Spain must adapt its system to European rules that allow faster processing of certain categories of applications without removing legal guarantees for the applicant.
The proposed reform envisages a border procedure lasting up to 12 weeks for examining applications for international protection directly at the border. A similar mechanism was recently used during the return of 85 migrants to the island of El Hierro.
The aim is to reduce waiting times for some applicants and more quickly determine who has genuine grounds for obtaining asylum and who does not. At the same time, human rights organisations often stress that accelerated procedures must be accompanied by adequate access to legal assistance, interpreters and the possibility of appealing decisions.
Read also: Gibraltar Has Abolished Passport Control at the Border with Spain: What Has Changed for Ukrainians?
The Law on Foreign Nationals will also be rewritten
In parallel, the government is launching a reform of the Ley de Extranjería — the law regulating the legal status of foreign nationals in Spain. The Interior Minister stated that the updated system should be not only more efficient but also provide greater legal guarantees.
This is a separate track from the new asylum law. Asylum legislation primarily regulates international protection, whereas the Ley de Extranjería covers a much broader range of issues concerning the stay of foreign nationals in the country. These include conditions for legalisation, grounds for obtaining residence and work permits, deportation procedures, the rights of migrant minors and other aspects.
The precise practical consequences for different categories of migrants will become clear only after the draft laws pass further stages of the legislative process. At this stage, only the general directions of change are known, not the final wording of the articles.
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Single command centre created after Ceuta crisis
In parallel with the migration reform, the government is strengthening the management of the situation directly in Ceuta. Spanish authorities have declared the situation there to be of interest to national security and are creating a single coordination system. It will be headed by the Minister of Territorial Policy, Ángel Víctor Torres.
The work will involve representatives of Ceuta, the government delegation, the National Intelligence Centre and relevant ministries. The decision was taken almost a month after the start of the crisis and provoked sharp criticism from the opposition. Ceuta’s president, Juan Jesús Vivas of the People’s Party, had for several weeks been calling on the central government to take control of the situation, as the authorities of the autonomous city were unable to cope with the influx of people.
The creation of a single command structure became part of the so-called “third phase” of the crisis response. The first phase began after the government announced on 31 July that it had managed to contain the flow of arriving migrants. The authorities then focused on humanitarian assistance and organising voluntary returns.
According to the First Deputy Prime Minister and Minister of the Economy, Carlos Cuerpo, more than 90% of people who illegally crossed the Ceuta border have already voluntarily returned to their countries of origin. The authorities now face three main tasks: to organise the return of people who have no right to remain in Spain, to ensure adequate reception for minors and asylum seekers, and to help Ceuta itself cope with the consequences of the crisis.
Ceuta’s humanitarian infrastructure is being expanded
Separately, the government has already expanded the city’s humanitarian infrastructure. In August, it was announced that four additional temporary sites would be created, with an initial total capacity of 1,500 places. These facilities are intended for the temporary accommodation of people requiring humanitarian reception until their further status is determined.
In parallel, a package of economic assistance for the recovery of Ceuta’s economy is being discussed. Local businesses suffered after the mass influx of migrants, when the city came under significant strain. Preliminary estimates suggest the recovery plan could amount to around EUR 180 million. It includes, among other things, an out-of-cycle expansion of the city’s Comprehensive Socio-Economic Development Plan.
However, at the time of the latest Council of Ministers meeting, this package had not yet been finally approved. It is planned to be agreed in the coming weeks following additional consultations with local authorities.
How this relates to the EU Migration Pact
The new Spanish draft laws are closely linked to the EU Pact on Migration and Asylum, which entered into force on 12 June 2024. This document was the result of years of disputes between EU member states over the sharing of responsibility for migrants and asylum seekers.
The pact provides, among other things, for a mandatory screening procedure at the EU’s external borders, accelerated procedures for certain categories of applicants, solidarity mechanisms between countries and clearer rules for returning people who have no right to stay. Spain, as one of the countries with the highest number of arrivals by sea, was keen to ensure that national legislation complied with these rules.
Implementation of the pact is taking place gradually, and each country must adapt its laws to its requirements. The Spanish reform is part of this process. At the same time, specific solidarity mechanisms, such as the distribution of asylum seekers between countries or financial compensation instead of reception, are still being coordinated at European level.
What is known about the Canary Islands
The reform concerns not only Ceuta. It also covers the Canary Islands, which remain one of the main destinations for migrants arriving by sea from the West African coast. In previous years, the island system has repeatedly faced overcrowding in temporary reception centres.
The proposed changes envisage the application of the screening procedure and border procedures precisely in the Canaries, as well as the allocation of EUR 25 million to Ceuta for the creation of the necessary infrastructure. For the Canary Islands, similar investments may become part of subsequent stages of the reform, but at the time the draft laws were approved, final decisions had not yet been taken.
Two questions remain open separately: the expected meeting between the government of the Canary Islands and Madrid, and the opinion of the State Legal Service on the guardianship of unaccompanied migrant minors. No decisions on these were taken at the Council of Ministers meeting.
Who will make the final decisions and how
It is important to understand that these are currently only draft laws, not rules that have already entered into force. After initial approval by the government, the documents must go through further legislative procedures. This includes discussion in parliament, possible amendments, voting and official publication.
The text of the draft laws may change before final adoption. Some provisions may be clarified, expanded or excluded during parliamentary hearings and political consultations. The specific practical consequences for migrants and asylum seekers will therefore become fully clear only after this process is completed.
For Ukrainians staying in Spain under temporary protection, these changes currently have no direct impact. The temporary protection programme is governed by separate EU decisions and national legislation implementing those decisions. However, the overall change in the migration climate may affect public debate, access to services and attitudes towards different categories of foreigners.
What risks critics see in the reform
Human rights organisations and parts of the opposition have already expressed concern about certain aspects of the reform. The main risks they highlight concern:
the possibility of excessive use of accelerated procedures without sufficient access to legal assistance;conditions of detention during border procedures lasting up to 12 weeks;protection of the rights of migrant minors, especially those arriving unaccompanied;the risk that humanitarian considerations will be subordinated to the logic of rapid returns.
The government stresses that the reform must ensure a balance between the efficiency of the system, compliance with Spain’s international obligations and the interests of the local population.
How far this balance will be achieved in practice will be shown by the further implementation of the laws.
Spain has launched a large-scale reform of migration legislation, including a new asylum law and changes to the law on foreign nationals. Key elements are the screening procedure at the border, accelerated procedures for examining applications for international protection and alignment with the EU Pact on Migration and Asylum.
The reform was launched after a sharp crisis in Ceuta, when tens of thousands of migrants arrived en masse in the city. In parallel, a single command structure has been created to coordinate action in Ceuta and humanitarian infrastructure has been expanded.
At present, these are only draft laws, which still have to go through the parliamentary process. The final rules and practical consequences for migrants and asylum seekers will become known after the laws are adopted.
Reminder: Spain is one of the few countries where years of temporary protection are counted towards obtaining long-term residence. Read the details in our article!
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Frequantly
asked questions
Are the new rules for migrants in Spain already in force?
No, at present only preliminary draft laws have been approved, which still have to go through the full legislative procedure. The final rules will enter into force after the laws are adopted by parliament and officially published.
What is the screening procedure at the border?
This is a preliminary check during which a migrant’s identity is established, documents are verified and a decision is made on which further procedure they should enter. It will be applied at the EU’s external borders, including in Ceuta, Melilla and the Canary Islands.
How could the changes affect asylum seekers?
Some applications for international protection may be examined under an accelerated procedure directly at the border, with the possibility of a procedure lasting up to 12 weeks. Applicants will retain the right to legal assistance and to appeal decisions.
Do the changes affect Ukrainians with temporary protection?
The temporary protection programme for Ukrainians is governed by separate EU decisions and national legislation. The proposed changes currently have no direct impact on this status, although the overall migration climate may change.
What is happening in Ceuta after the migration crisis?
The authorities have created a single command structure to coordinate action, expanded humanitarian infrastructure and organised the voluntary return of most people who illegally crossed the border. In parallel, a package of economic assistance for the city’s recovery is being discussed.