The Supreme Court of Spain on Wednesday accepted an appeal request spearheaded by Isabel Díaz Ayuso, President of the Community of Madrid, against the mass amnesty plan for illegal migrants being executed by the socialist government of Prime Minister Pedro Sánchez.
Miguel Ángel García Martín, Minister of the Presidency of Madrid and the local government’s spokesperson, explained on a Wednesday press conference that the Madrid government filed the appeal against the mass amnesty decree on grounds that it “seriously affects the provision of public services in Madrid without establishing mechanisms for funding and resource allocation,” as well as violating European Union regulations and affecting national security.
As a precautionary measure, Madrid is requesting that the Spanish Supreme court grants an injunction against the mass amnesty decree that temporary suspends it during the now-accepted appeal process.
Per the Spanish newspaper ABC, the Sánchez administration has five days to respond to the preliminary injunction requested by the Madrid government.
Spain’s socialist government is presently conducting a mass amnesty process seeking to benefit half a million illegal migrants with legal residence status and work permits, in addition to other benefits so long as the migrants comply with a short list of notably lax requirements. The Spanish government executed the ongoing mass amnesty plan through a Royal Decree, which allowed it to bypass parliamentary approval despite a majority of Spaniards and Spanish lawmakers being fiercely against the controversial measure — which has also raised concerns among the European Union.
Spokesperson García Martín reportedly emphasized that the mass amnesty process contains “deficiencies” that which run “contrary” to European agreements on migration.
“I’ll just mention a few of the deficiencies — some of the most well-known ones (…) For example, the fact that only five months of residence in Spain are required to prove ties to the country,” he reportedly said. “For example, the fact that an undocumented immigrant with a criminal record can regularize their status — we find that extremely serious — as well as those who are in pretrial detention.”
The Spanish government has repeatedly claimed that illegal migrants seeking to become a beneficiary of the mass amnesty plan must show proof that they were in the country prior to January 1, 2026, and that they have resided in Spain continuously for at least five months prior to the date of application. Additionally, they must show that they have “no criminal record and do not pose a threat to public order, public safety, or public health.”
Despite not having a criminal record being one of the requirements, the Spanish newspaper El Mundo reported last week that illegal migrants with criminal records may still be eligible to receive amnesty thanks to new reforms to the Spanish immigration rules introduced through the amnesty decree. Additionally, Spanish outlets recently observed documentation from the nation’s penitentiary institutions authority urging prisons to identify foreign inmates who may be eligible for the amnesty and to “actively cooperate in processing their cases.”
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