This Is Spain’s Last Chance To Save Itself…

Could far-left government’s mass legalization of migrants be blocked by the Supreme Court?

This post is republished with permission from Remix News

Spanish Prime Minister Pedro Sánchez and his far-left government are not over the finish line yet when it comes to their plan to legalize hundreds of thousands of illegal migrants. Now, the Spanish legal group Hazte Oír have made the first successful step in challenging the far-left government’s “Royal Decree,” which was used to pass the legislation without a vote from parliament.

After Hazte Oír’s application was accepted for processing by the Spanish Supreme Court, the government now has a non-extendable 20-day deadline to hand over the complete administrative file regarding mass legalization.

While it does not guarantee a reversal, it places the decree in a state of significant legal uncertainty. By admitting the case, Spain’s top court has found sufficient legal grounds to examine the merits of the lawsuit rather than dismissing it outright.

The Supreme Court will verify whether the government followed correct legal procedures and whether it possessed the constitutional authority to use a Royal Decree for a mass regularization, according to La Razon.

The legal risk for the government currently remains high. The plaintiffs argue that such a measure requires a formal law passed by Parliament rather than a simple cabinet decree. Crucially, Hazte Oír has requested a precautionary suspension of the law. If the Supreme Court grants this, the legalization process would be frozen immediately while the judges deliberate on a final ruling.

Hazte Oír argues that if the decree is allowed to proceed, it will create “irreparable damage” by granting legal status to hundreds of thousands of people — a situation that would be extremely difficult, if not impossible, to reverse even if the decree is later found to be illegal.

Already, scenes showcasing thousands of migrants across the country lining up at different embassies to receive the proper paperwork to apply for legalization have spread across social media. The law, which went into effect on April 15, has proven controversial and been fiercely opposed by conservative and right-wing parties.

“These are the lines to manage mass regularization in each municipality of Spain. Tomorrow this chaos will move to the health centers, to the social services, to the real estate agencies… It’s called thirdworldization. It’s already happening. Our priority is to reverse it, radically,” wrote Vox party leader Santiago Abascal.

In contrast, Sánchez has been active promoting his Royal Decree, writing: “Thanks to civil society, institutions, the Church, social agents, and the Plataforma Regularización Ya for making it possible. Regularizing is not just necessary: it is just. It is recognizing a reality that already exists. It is guaranteeing rights and obligations, dignity and social cohesion.”

The law is expected to have not only a dramatic effect on Spain, including its public services, but all of Europe, as these legalized migrants will have the right to travel freely across borders within the EU.

The lawyer of Hazte Oír is pointing out the irreversible nature of the decree to argue that it is most certainly a law that should have been passed by parliament. The appellant association, Javier María Pérez-Roldán, refers specifically to the transformative aspect of the law on the Spanish system, noting “the granting of residence and work authorizations; registration with Social Security; access to benefits; and the suspension of final expulsion orders.”

Hazte Oír indicates that the Royal Decree “structurally alters the State’s immigration policy, with direct and lasting effects” on the labor market, the public benefits system, the municipal registry, “and, in the medium term, the electoral roll.”

As many critics of the law have also pointed out, the mass amnesty will have profound effects on public services, which are already buckling under the pressure of mass immigration.

“Massive regularization without planning directly impacts the saturation of essential public services (educational and social), affecting the collective interests that this association defends,” said Pérez-Roldán.

While the Supreme Court did not grant an immediate suspension, that suspension could still arrive once the court reviews the documentation justifying the law. In such a case, the process of legalization could be frozen, creating a legal limbo for all migrant applicants.

Royal Decrees are also legally reserved for situations of “extraordinary and urgent need.”

Hazte Oír argues there is no “sudden emergency” that justifies bypassing the normal legislative process. They argue the government is using a “shortcut” to avoid political friction in Congress.

In contrast, the government argues the situation is urgent because of labor shortages in key sectors like agriculture and hospitality, and the humanitarian need to bring “invisible” people into the social security system to fund future pensions.

It is unclear if the Supreme Court will buy this argument from the government.

While the Royal Decree was used to bypass parliament, which allowed the government to fast-track the process of legalization, it may also still prove the decree’s downfall.

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Comments 1
  1. Where is El Cid when you need him. The moors were driven out od Spain in 1492…and now they have opened up their doors and invited them back. Practically sent over the boats and brought them back. Truly, there is nothing new in the world but the history they forgot to teach their children.

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