Spain moves to overhaul asylum and immigration laws after Ceuta migrant crisis

Spain’s government has approved the first draft of a major overhaul of its asylum and immigration legislation, seeking to align national rules with the European Migration and Asylum Pact while introducing faster procedures for processing asylum claims and irregular arrivals.

The Council of Ministers approved the draft asylum law and the reform of the immigration law at first reading on Tuesday. Interior Minister Fernando Grande-Marlaska said the changes are intended to create a system that is “more agile, effective, orderly and guarantees rights”, while responding better to the realities of migration.

The reforms come as Spain is still dealing with the aftermath of the mass arrival of migrants in Ceuta at the end of July. Around 80,000 people crossed into the Spanish enclave from Morocco on 30 and 31 July, according to figures cited by the Spanish government. Although most returned to Morocco in the following hours, thousands remain in Ceuta, including a significant number of unaccompanied minors.

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Madrid says the new legislation will bring Spanish law into line with the EU Migration and Asylum Pact adopted in 2024 and which entered into force on 12 June. The package introduces common procedures for screening migrants arriving irregularly and seeks to speed up asylum decisions and returns where people have no legal grounds to remain in the EU.

The Spanish government has stressed that the changes will not reduce protections for asylum seekers and other vulnerable groups.

Faster asylum procedures and new border screening

The new asylum law would update and clarify the legal definitions of international protection, refugee status and subsidiary protection. It would also explicitly recognise forms of persecution linked to gender, gender identity or expression and disability.

The legislation would establish two main procedures for examining applications: an ordinary procedure and an accelerated procedure, which would have to be completed within three months.

A new border procedure would also be introduced in line with EU rules and would be mandatory in certain cases. It would have a maximum duration of 12 weeks. During that period, applicants would remain at the disposal of the Spanish authorities while their claims were examined.

The government argues that the border procedure would allow Spain to establish whether an applicant has a right to international protection before formal entry into the country is authorised. Where an application is rejected, this would also facilitate the person’s return.

The reform of the immigration law would introduce the EU’s so-called “screening” or triage process for people who enter Spain irregularly without undergoing border controls.

The procedure would include identification, biometric data collection, a security check, a medical examination and an assessment of vulnerability. Authorities would then refer each person to the procedure considered appropriate to their circumstances.

Although EU legislation allows screening to last up to seven days, Spain plans to retain a maximum period of 72 hours, extendable only by judicial decision. The government says this will keep the time migrants spend in designated police facilities to the minimum necessary.

Grande-Marlaska said the reform would incorporate the provisions of the European pact allowing authorities to prevent the entry of people arriving irregularly who do not qualify for international protection. The corresponding procedure would have a maximum processing period of 12 weeks.

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Ceuta puts pressure on Madrid

The reforms come as the government faces continued political pressure over the situation in Ceuta.

Madrid has said that between 5% and 10% of those who crossed into the enclave during the July crisis may still be there, meaning several thousand people. Identifying each person and determining whether they are entitled to asylum is a necessary step before returns can take place.

The issue is particularly complicated in the case of unaccompanied minors, who are entitled to special protection under Spanish and international law. The government has said that returns must comply with legal requirements and human rights obligations.

To improve coordination, the Council of Ministers has also approved a “single command” for the response in Ceuta. Government spokesperson Elma Saiz said this should allow state institutions and other administrations to work in a more coordinated and effective way.

Spain has also announced reception facilities with 1,800 places, while additional humanitarian capacity is planned.

Ceuta and neighbouring Melilla are the EU’s only land borders with Africa. Their special position within the Schengen area means that people staying in the enclaves cannot simply travel onwards to mainland Spain without border controls.

The migration crisis has become a major point of confrontation between the Socialist-led government and conservative and far-right opposition parties, which have called for the return of all migrants, including minors.

Territorial Policy Minister Ángel Víctor Torres has rejected such demands, arguing that returns must follow Spanish and international law.

Hate speech surges after Ceuta arrivals

The migration crisis also triggered a sharp increase in hate speech online. Spain’s Observatory for Racism and Xenophobia (OBERAXE) recorded 9,570 hate-speech posts on social media on 30 and 31 July alone, coinciding with the mass arrival in Ceuta.

Overall, 57,406 such posts were recorded in July, up from 40,800 in June. North Africans were the main target, accounting for 68% of the monitored content, followed by migrants at 19%, Muslims at 16% and people of African origin at 10%.

Public security was the main theme, accounting for 48% of the content, with much of it linking migration to crime. OBERAXE said four in ten posts dehumanised or seriously humiliated their targets, while 38% contained threats, 15% called for expulsions and 4% incited violence.

Social media platforms removed 12% of content reported by users, compared with 10% in June. Under the “trusted flagger” mechanism, 58% of reported content was removed. X recorded the highest removal rate at 93%, followed by TikTok at 88%, Facebook at 74% and Instagram at 71%, while YouTube removed 14%.

Sources: BGNES, Euronews, EFE

Caption: Spanish Minister for Home Affairs Fernando Grande Marlaska (C), Immigration and Social Security Minister and Government spokeswoman Elma Saiz (R), and Spanish Minister of Territorial Policy and Democratic Memory Angel Victor Torres (L) arrive at a press conference after the Cabinet meeting at Moncloa Palace in Madrid, Spain, 25 August 2026. EPA/CHEMA MOYA