CIVICUS discusses Spain’s moves to grant undocumented migrants formal status with Rubén Romero, coordinator of the Political Advocacy and Partnerships Department at CONVIVE Fundación Cepaim, a civil society organisation that works to create an inclusive and intercultural society that guarantees full access to rights to the most vulnerable people, particularly migrants.

The Spanish government has made an unprecedented announcement that it will grant residence and work permits to around 900,000 people living in Spain without legal documentation. This decision marks a significant departure from the restrictive policies prevalent in Europe. It shows that a humanitarian approach is possible and the recognition of migrants’ rights can form part of a response to demographic and economic challenges.

How has migration policy evolved under the current government?

Over the past seven years, Spain has seen some progress in migrants’ and refugees’ rights. Changes to the Immigration Regulations, which came into force on 20 May, have improved regularisation processes based on family or work ties, family reunification, study permits, visas and the protection of migrant minors with or without adult guardians.

However, these advances are overshadowed by the continuation of concerning practices, including illegal and immediate expulsions, overcrowding in border centres and the deaths of thousands of people at sea.

The idea of an extraordinary regularisation was a Popular Legislative Initiative – where civil society can collect signatures to propose laws – promoted by Regularización Ya, a network of migrant collectives and anti-racist organisations founded in 2020. The initiative gathered over 700,000 signatures in favour of granting legal status to 400,000 to 500,000 irregular migrants, and it was admitted for consideration by Congress in March 2024. However, the legislative process has been slow and is currently in a complex phase of political negotiation.

The government’s objective was to alleviate the situation of irregularity through structural reform, which resulted in the approval of the new Immigration Regulations. However, social organisations have warned that, while important, this reform does not solve underlying problems. More troublingly, some articles of the new regulations, such as article 126 and the fifth additional provision, risk creating new situations of irregular conditions for migrants.

In response, the Spanish government has changed its position, moving from initial reluctance towards favouring extraordinary regularisation. It now considers this a strategic priority aimed at correcting flaws in immigration regulations, addressing situations of irregularity that were not previously covered and tackling labour shortages in key parts of the economy.

What is the scope of the proposal?

The benefits will depend on the final approved text. Current negotiations are focused on defining the specific criteria and deadlines for implementation.

The regularisation is expected to prioritise asylum seekers, immigrants with children and people who lived in Spain before a set deadline. Civil society is calling for particular attention to be paid to those who were denied asylum and subsequently became irregular after the new regulations entered into force.

The impact could be highly positive. According to Economists Against the Crisis, granting migrants formal status could boost the economy by up to 2.5 per cent of GDP. However, beyond the economic aspect, regularisation is a necessary step towards social justice and a sign of democratic health, as it would be a public policy resulting from a popular initiative.

How has this proposal impacted on the political debate?

Migration has become central to the Spanish political debate, with some parties adopting a criminalising perspective and others supporting migrants’ rights. Parties to the left of the centre-left ruling Spanish Socialist Workers’ Party (PSOE) have backed the initiative. Despite historical differences, there seems to be a consensus in the progressive bloc on the need to push for more ambitious regularisation.

The situation is more complex when it comes to other parties, particularly the centre-right Popular Party (PP) and Junts, a Catalan independentist party. Initially opposed to discussing the bill, the PP finally voted in favour of debating it in Congress after facing pressure from the Catholic Church and the private sector. While there are no guarantees, we hope it will now either support the initiative or abstain to allow its approval.

How does Spanish migration policy differ from the rest of Europe?

Although imperfect, Spanish migration policy has been more open than that of other European countries. Compared to Mediterranean countries such as Greece and Italy, as well as Denmark, France, Germany and the Netherlands, Spain has adopted a more human rights–friendly approach.

The European context is challenging. Migration is a global phenomenon that requires comprehensive responses based on cooperation and shared management. However, while Spain seeks to facilitate regular migration, the trend in the European Union (EU), as reflected in the new European Pact on Migration and Asylum, is the opposite. Tougher regulations on deportations are being discussed, and the concept of ‘safe third countries’ is being affirmed to enable countries that receive asylum seekers to transfer them to non-EU countries for processing of their applications.

Spain’s room for manoeuvre in the face of these policies will be very limited, particularly since the National Implementation Plan for the European Pact is yet to be published. Nevertheless, we hope Spain will be able to act as a counterweight, defending a more open, democratic and cohesive social vision.

Fortunately, at regional and local levels, there are real opportunities to promote reception, inclusion and migrant participation policies. The challenge lies in developing public policies that foster intercultural coexistence, recognise labour diversity, combat residential segregation and incorporate inclusive perspectives in education. Ultimately, diversity is an undeniable aspect of our society.

Fear and hatred have spread considerably in Europe and beyond, but we are convinced that, when given the choice, society always opts to expand rights and freedoms, coexist with difference and build on diversity.