Immigration

The Supreme Court has given the Spanish government 10 days to take charge of a thousand unaccompanied minors in the Canary Islands.

The court accepts a precautionary measure requested by the government of the islands

ARA

BarcelonaThe Supreme Court's administrative-contentious chamber has accepted a precautionary measure requested by the Canary Islands government requiring the Spanish government to take charge of 1,000 unaccompanied immigrant minors currently being hosted by the autonomous community within a non-extendable period of 10 days.

The court requires the State Administration to "guarantee access to and permanence in the National Reception System for International Protection for those minors currently under the care of the child protection services of the autonomous community of the Canary Islands, who have requested international protection or have expressed their willingness to request it." In this regard, it adds that it must act with "the necessary collaboration and cooperation" of the Canary Islands and must always prioritize the principle of the best interests of the child.

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The chamber's agreement also includes that the Spanish government must report on the measures being adopted within that 10-day period. After this period, the Supreme Court will decide on holding a public hearing regarding compliance with the precautionary measure adopted. According to the court, the measure affects a thousand unaccompanied immigrant minors who have requested asylum or international protection.

The ruling concludes that, after examining the powers of both administrations [the Spanish government and the Canary Islands government], Pedro Sánchez's administration has not made the "state system for the reception of minors requesting international protection" available to the islands, even though the community has "full" jurisdiction over where these minors live.

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Furthermore, the Supreme Court recalls that both the asylum and subsidiary protection law and the royal decree approving the regulations governing the reception system in the area of international protection design "a complete reception system" that includes, among other rights, the right to "receive specific social benefits in the terms set out in the law" and to meet their basic needs in conditions of dignity."

Ayuso takes the distribution to the TC

In parallel, Isabel Díaz Ayuso's government has agreed to take the distribution of 4,400 immigrant minors in the Canary Islands and Ceuta to the Constitutional Court. The Madrid president has already warned that she would wage a legal battle against the agreement between the Spanish government and Junts.sets the criteria for distributing these immigrant minors to the rest of the communities(and places Madrid as the one that will have to accommodate the most).

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In a message to X, the Madrid president argued that the decree approved a week ago by Sánchez's executive "invades exclusive autonomous powers", "violates fundamental rights of minors" and "the principles of administrative loyalty by negotiating it with pro-independence parties", among others. Despite this opposition, Ayuso has guaranteed that she will comply with the law andwill host the minors who are finally assigned to it.