The Spanish government promotes the reform of the asylum and foreign law
Adapt the legislation to the new European pact, which toughens migration policies
MadridThe Spanish government approved this Tuesday two key draft bills on migration matters: on the one hand, a new law on the right to asylum and, on the other, a reform of the law on foreigners' rights and freedoms. This was announced by the Minister of the Interior, Fernando Grande-Marlaska, who appeared after the cabinet meeting following the summer holidays, which focused on the Ceuta crisis. Marlaska explained the impetus for these two reforms to adapt Spanish legislation to the new European Pact on Migration and Asylum, which tightens the migratory policies of European borders.
On this issue, Marlaska assured that states have room to maintain a "guarantor" legislation. According to him, the new asylum legislation is made from the "human rights perspective" and at the same time with the objective of ensuring the State's objective. In his opinion, these are procedural changes so that states can act more quickly. They incorporate a regulation of mandatory application in which the asylum seeker will have to be available to the authorities for twelve weeks until the file is resolved, to facilitate expulsion in case of refusal. When analyzing applications, the new text also regulates three key concepts for deciding on admission: first country of asylum, third safe country, and safe country of origin. In addition to positioning the Ministry of the Interior as the deciding authority and generally eliminating the prior administrative appeal.
The ministry points out that asylum applications have increased significantly: they have gone from 3,000 in 2009 to 144,000 in 2025.
The triage
On the other hand, regarding the legal change on the rights and freedoms of foreigners, the Ministry of the Interior highlights that the main novelty is the incorporation of the triage of foreign individuals who cross the external borders of the European Union without meeting the entry conditions. In this regard, it establishes the obligation not to authorize entry into Spanish territory until the triage is completed, which consists of a medical examination, a vulnerability assessment, biometric data identification, a security inspection, and referral to an appropriate process. Spanish law states that this must be done within 72 hours, although European legislation allows up to seven days. According to Marlaska, the Spanish government wants to minimize the time spent in police facilities. In parallel, it also establishes that individuals without the right to stay must be returned within a maximum of twelve weeks. Those seeking asylum whose applications are denied will also have the obligation to leave Spain.
La Moncloa disconnects it from Ceuta
Moncloa sources deny the approval of the projects is linked to the Ceuta crisis, arguing they were approved at the meeting of undersecretaries of state, a prior step before the Council of Ministers, before the massive influx of migrants on July 30. "We had to adapt the legislation to European regulations," they recall.
With the preliminary drafts having passed the first round of the Council of Ministers, the texts will now be communicated to the other ministries with responsibilities in migration for their input, as well as the reports from the Council of State and the General Council of the Judiciary. Subsequently, the Interior Ministry will bring the new text back to the Council of Ministers, and then it will go to Congress, where it does not have the guaranteed support of the plurinational majority to move forward.