Late on 30 September Spain’s Senate, dominated by the Partido Popular (PP) with backing from Vox, approved an amendment to the Immigration Law that explicitly authorises on-the-spot expulsions—commonly called devoluciones en caliente—of migrants intercepted while scaling the border fences of Ceuta and Melilla. The measure rewrites Additional Provision 10 of the law to align with a July Supreme Court ruling that limited summary returns to cases where migrants had already crossed official barriers. The government of Prime Minister Sánchez has signalled it will challenge the text before the Constitutional Court, arguing it contravenes EU asylum directives and the European Convention on Human Rights. Human-rights groups warn the amendment could expose Spain to litigation in Strasbourg, referencing the 2020 N.D. and N.T. v. Spain judgment, which upheld returns only under strict proportionality and individual-assessment criteria. From an operational standpoint the change gives border police clearer legal backing to act quickly when large groups attempt crossings—a scenario that has become more frequent since Morocco reinforced its side of the fence in August. Yet the ambiguity around access to legal counsel and the lack of screening for vulnerable persons could complicate corporate duty-of-care for employers whose expatriate staff volunteer with NGOs in the enclaves. Businesses sending personnel or organising CSR projects in Ceuta and Melilla should update risk assessments and provide briefings on the new legal environment. Mobility teams should also monitor for possible reciprocal actions by Morocco that might affect cross-border commercial traffic through the Tarajal and Beni Enzar posts. The bill now returns to the lower house for final ratification, but PP leaders say they have the votes to uphold the Senate text. If promulgated, the law would enter into force the day after its publication in the Boletín Oficial del Estado, potentially as early as mid-October.
Source: El País
