Can the Generalitat expel immigrants? The fine print of the immigration transfer

BarcelonaThe agreement for the transfer of immigration powers to the Generalitat, sealed between the PSOE and Junts, will have implications for the functions of the Mossos if Congress approves it. The small print of the text of the bill allows us to outline the unknowns about the areas of action of the Generalitat, which expands management at borders, with multiple "executions of the State regulations", without entering into the normative elaboration. What will the Generalitat be able to do, which until now only had competences in integration, reception and initial authorizations of work permits?

Will the Generalitat be able to expel immigrants?

Yes, Catalonia will be able to expel and apply other "sanctioning procedures in matters of immigration", according to the text. Regarding expulsion, it will be able to manage returns and repatriations that do not require a file, while in those that do, it will be responsible for "the execution of the State regulations" in "initiation, instruction and resolution proposal", in a decision that will take into account what was said in the Security Board.

Francisco Villacampa, director of criminology and security studies at the Abat Oliba CEU University, assures that the expulsion "not only affects the State, but also Europe", because the Mossos will have to gain presence in information systems as the contact point of the office SIREN, which is now part of the National Police. In addition, it emphasizes that those who can be expelled are "foreigners who contravene the prohibition of entry into Spain", those who had already been expelled or who had a decision from a third country in the same sense, or "those who enter irregularly and are intercepted at the border", who are those who do not require a file.

Likewise, Gemma Pinyol Jiménez, director of migration policies at the think tank Instrategies, maintains that the expulsion and return procedures go through the judicial or administrative route and that in the case of expulsions "the Generalitat could initiate these procedures" if the person does not have the authorization ready or does not have permission to set foot in it. According to Joan Ridao, professor of constitutional law at the UB, the law is a "step forward" in line with what is already permitted by the immigration law and which completes the statutory regulation, although "there are points that are not clear in the regulations", such as what is the real impact of the Generalitat in the processing of administrative expulsions if the law on bodies and security is not modified.

Is Catalonia gaining sovereignty?

The delegated powers will be exercised by the Generalitat, but ownership will remain with the State, which delegates them. "If it is transferred it is forever, if it is delegated, the power is the State's; autonomy is exercised, but the State can recover it," explains Villacampa, who adds that it is an important step because it is "a delicate issue that involves many powers that affect several ministries." In any case, the professor of political sciences at UPF and researcher of the GRITIM group Ricard Zapata stresses that the text "does not improve the life of immigrants nor the sovereignty of Catalonia, nor does it allow for a different model" in immigration: only the administration that is in charge of applying the state law changes.

In his opinion, "the transfer would have to enter into the nationality code and touch institutional nerves, including language," for a serious change to be seen. At this point, decisions are still in the hands of the State, which makes the transfer "an administrative delegation with political overtones." Because the Generalitat will not have any regulatory capacity. Pinyol also regrets that there are several aspects that do not make clear "the scope," such as the hierarchical role of the Mossos or the autonomy that Catalonia will have. He also comments that regarding contracts in origin, the Generalitat will be able to make proposals, but wonders if it will work through a new mechanism or the current one, the GECCO, a tool of the Ministry of Migration.

Will the agents speak Catalan at the border?

There is not much specificity regarding Catalan. Only article 12.5 of the organic law makes reference to the fact that the delegated powers "will be exercised in the terms set out in Chapter III of Title I" of the Statute, which includes linguistic rights and duties and the guaranteed option of citizens to use Catalan. However, the Mossos will be present at the borders, and that is where there is an impact. Villacampa, who admits that the linguistic issue is very much a passing one, points out that "the most sensitive issue is border control", where there will be "cooperation". Ridao, regarding border control, believes that what is recognised in the law is already what should be approved in the next Security Council regarding ports and airports. Other expert sources add that "at borders, powers are not gained, but rather the possibility of the Mossos being present". The Catalan Security Council, chaired by the President of the Generalitat, "will be the bilateral body for coordinating the immigration powers of the security forces of the Catalan and state administration."