The expression "hot return" is used to describe the immediate delivery of a person to the authorities of the neighboring country after being intercepted while attempting to cross a border irregularly, without the prior processing of the ordinary return or expulsion procedure.
However, "hot return" is not a legal category included in Spanish legislation. The Foreigners Act regulates in Ceuta and Melilla a specific figure called border rejection, whose application is limited by territorial, material, and human rights protection requirements.
What is border rejection?
The tenth additional provision of the Organic Law 4/2000 establishes that foreign persons who are detected may be rejected:
- At the border line of Ceuta or Melilla.
- While attempting to enter irregularly.
- When trying to overcome the border containment elements.
The measure seeks to prevent the consummation of irregular entry and allows for immediate action by the Security Forces and Corps, without the need to process the ordinary administrative return procedure.
Therefore, not every immediate delivery at the border can be considered legal. To apply this special regime, the conditions established by law must be met simultaneously.
Can it be applied to people who arrive by swimming?
No, when they are intercepted at sea without having overcome a physical containment element.
The Supreme Court confirmed on July 8, 2026, that the border rejection of Ceuta and Melilla cannot be applied to people attempting to enter by swimming, because the sea, cameras, drones, or sensors do not constitute the "border containment elements" required by law.
In those cases, the ordinary return procedure provided for in Article 58 of the Foreigners Act must be applied. This implies transferring the intercepted person to a police station to identify them, check their circumstances, and process an administrative resolution.
The installation of a material barrier at sea could modify the legal analysis, but as long as that physical element does not exist, it is not enough for the person to be located by cameras or intercepted by a patrol boat.
What happens during an ordinary return?
The people who intend to enter irregularly and are intercepted at the border or in its vicinity can be returned without the need to open an expulsion file, but the decision must be made by a resolution of the delegate or sub-delegate of the Government.
The agents must take them to a police station of the National Police to proceed with their identification. During the procedure, they have the right to:
- Legal assistance.
- An interpreter when they do not understand the language used.
- Submit an application for international protection.
- Appeal the administrative resolution.
- Receive individualized attention when there are circumstances of vulnerability.
If the return cannot be executed within a maximum of 72 hours, the Administration must request judicial authorization for internment.
Is a return the same as an expulsion?
No. They are different procedures.
The return applies, among other cases, to those who attempt to enter irregularly into Spain or return despite having a valid entry ban. It does not require a sanctioning expulsion file, but does require an administrative resolution and certain guarantees.
The expulsion usually results from a violation of the Immigration Law, such as being in Spain irregularly when the legal requirements are met. It requires the opening of a sanctioning procedure, the hearing of the affected person, and a reasoned resolution.
The rejection at the border is even more immediate, but it only applies under the exceptional conditions established for the fences of Ceuta and Melilla.
Can a person intercepted request asylum?
Yes. The Immigration Law establishes that, when an application for international protection is formalized, the return must be suspended until it is decided whether the request is admitted for processing.
The right to request asylum does not disappear for having attempted to enter irregularly. The authorities must assess whether the person is at risk of persecution, torture, violence, or inhumane treatment if returned to their country of origin.
The rejection at the border must also respect international regulations on human rights and international protection. The law indicates that applications will be formalized in the designated places at border crossings.
What happens with minors and other vulnerable people?
A return must be suspended when there are indications that the intercepted person is a minor and traveling unaccompanied, a victim of trafficking, or suffers from an illness for which the transfer may pose a risk.
It also cannot be executed against a pregnant woman when the measure may compromise her health or the pregnancy.
The Constitutional Court declared that rejection at the border is compatible with the Constitution only if it is applied by individually considering the circumstances of each person, can be subject to judicial review, and respects Spain's international obligations, with special attention to those in a vulnerable situation.
Are hot returns legal?
The answer depends on what action is being described.
Immediate rejection may be legal when a person is individually caught at the border line of Ceuta or Melilla while attempting to overcome a fence or another material element of containment, as long as human rights, asylum, and the protection of vulnerable people are respected.
But it cannot be automatically applied to someone who arrives by swimming, is intercepted at sea, or is already within Spanish territory. In those cases, the corresponding return or expulsion procedures must be used, with identification, legal assistance, interpreter, and an administrative resolution.