Everything that the Generalitat will manage as a result of the PSOE-Juntos immigration pact
The Mossos will have a presence at the border and the Catalan government will take charge of the CIE and residence permits in accordance with state legislation
BarcelonaAfter many tugs of war, Junts and the PSOE have closed an agreement to delegate powers on immigration in the Generalitat, beyond what is already provided for in the Statute. And to give it significance, Junts has presented the pact in the most solemn way: the former president and leader of Junts, Carles Puigdemont, has been in charge of outlining the understanding, together with the general secretary, Jordi Turull, and the leader of the ranks in Congress, Míriam Nogueras. "Without integration there is no nation," said the former president, while stressing that "without immigration there is no progress." For Junts, the agreement with the PSOE is a "comprehensive delegation of powers," since "everything that has to do with the life of a foreigner who arrives in Catalonia goes through the Generalitat." However, he also admitted that it will be by applying Spanish regulations, which is - he explained - what European legislation provides for in terms of entry and exit of migrants in the free movement area. In the same sense, they also boasted that the Mossos will now work on the border, but they acknowledged that there must be coordination with the state security forces. "It is not about whether the Civil Guard and the National Police lose powers, but about being effective," said Puigdemont.
The Spanish government has also defended the delegation, although, unlike Junts, the socialists have not held any press conference (or informal information contact with the press) to explain the content of the pact. The Minister of Migration, Elma Saiz, in response to criticism from the opposition, has invited the groups to dialogue and make "contributions", taking into account the veto that Podemos has already expressed.
How does this new pact affect the legislature? For the Spanish government, there is optimism that it will move forward despite the "complexity", while Puigdemont has made it clear that, as the investiture agreement is fulfilled, the legislature will also advance: "The distrust in the Spanish government has diminished." However, he also clarified that the rest of the files remain open: he mentioned financing, the increase in the spending ceiling and Catalan in the European Union. That is, party by party, also in the case of Spanish budgets.
The fine print of the pact
Permits and NIE
The two main milestones of the law are that it places the Generalitat as the administration that will from now on execute the State regulations in two areas: residence permits, both temporary and long-term, and the issuance of foreigner identification numbers (NIE). "The execution of the State regulations regarding initiation, instruction and notification of the resolution of applications, submitted to the competent bodies, for temporary residence permits is delegated to the autonomous community," says the law, using the same formula in relation to long-term residences and stays for academic activity. As for the issuance of NIEs, the law also places the Generalitat as the authority to issue these identifications, with the obligation to communicate the meaning of the resolution to the police.
Catalan
Although Junts wants Catalan to be an "indispensable" requirement for obtaining residency in Catalonia, as Puigdemont has expressed, it is not explicitly reflected in the wording of the law. There is only one reference in relation to the language: indirectly, it says that all delegations must be made respecting the linguistic rights included in the Statute. This clause, according to Junts, is what would allow Catalan to be requested as a requirement, despite the fact that the Constitutional Court cleared the content of the obligation to know the language in the 2010 ruling. In any case, Puigdemont has made his political will clear: that "Catalan is an indispensable element for full integration. The Generalitat cannot have a report. Junts assured that they will be "vigilant" so that the current executive, of the PSC alone, exercises these new capacities diligently, also in Catalan. Likewise, they have already warned that in the Parliament "work is being turned to them" and that Junts will activate legislative initiatives to deploy this delegation of powers.
Border control
The major stumbling block in the negotiations has been border control, due to the opposition of Fernando Grande-Marlaska's Interior Ministry to cede powers from the Generalitat. Finally, this has been resolved: "The powers to guarantee [...] order, citizen security and the prevention and investigation of criminal acts in ports and airports are delegated to the autonomous community of Catalonia, through the Mossos d'Esquadra as an integral police force." As for border control, the Mossos are present, but in collaboration with the Spanish security forces: "The Mossos, as an integral police force, will act in the places enabled for the access of foreign persons in ports and airports, in collaboration with the rest of the security forces and bodies."
Expulsions
In terms of expulsions, the Generalitat will make the final decision only in one case: when "the processing of the expulsion file is not required." In the rest of the administrative procedures for non-compliance with the immigration law, the Catalan government will conduct the investigation of the procedure and make a resolution proposal, but the decision will continue to be that of the State. Of course, taking into account the criteria established by the security board, which will be jointly chaired by the Spanish government and the Catalan government but will be presided over by the president of the Generalitat.
Management of the CIEs
What does remain entirely in the hands of the Generalitat is the "integral" management of the foreign detention centres (CIE). These are entities that Puigdemont has said need a total "rethinking" because they are not humanly worthy. "They are shameful," he said, although he did not clarify whether they will be closed, as Jordi Turull had recently hinted.
Mossos officers
To carry out the new powers, the agreement provides for increasing the number of Mossos officers from 22,000 to 26,800 by 2032, another 1,800 more than had already been agreed upon by the Catalan Security Council. It should be noted that, according to the agreement, the Catalan police will also assume the responsibility for the prevention, harassment, protection and assistance to victims of human trafficking and exploitation, although until now they already had the power to investigate organised crime.
Hiring at source
Finally, the Generalitat also assumes the responsibility of establishing the annual forecast of occupations and the management of hiring in the country of origin based on the "needs of Catalonia" and establishes a list of "priority" jobs.
