Spain asks Frontex for support to identify the migrants who remain in Ceuta

As of August 28, 2026, the "hard core" of the new regulations on borders and migration in Spain is at three different levels: a law already in advanced processing regarding migrant minors, an offensive of legislative proposals to toughen or reorganize immigration law, and a package of major reforms (new Asylum Law and deep reform of the Immigration Law) that have not yet been formally introduced in the Cortes.

1. Unaccompanied migrant minors: ratified royal decree-law converted into a bill

The most advanced piece in the parliamentary venue is the Royal Decree‑Law 2/2025, of March 18, on urgent measures to guarantee the best interests of children and adolescents in the face of extraordinary migratory contingencies.

• The decree was published in the BOE on 03/19/2025 and was ratified by the Congress, according to the session summary: the Plenary approved its ratification and agreed to process it as a bill through the urgent procedure. The text amends the Immigration Law to regulate the automatic distribution of unaccompanied migrant minors when a community exceeds three times its ordinary reception capacity.
• Following that ratification, Bill 121/000055 was opened in the Congress, originating from the royal decree-law. Institutional information indicates that the bill remains in the amendment phase in the Congress, with the deadline extended until September 2, 2026. That is, the regulation is under parliamentary processing, still without committee report or referral to the Senate.

2. Reform of the Immigration Law via legislative proposals

In parallel, several groups have used organic legislative proposals to redefine migration policy, with diverse results:

• Restriction of regularization through social roots. The Organic Legislative Proposal from the Mixed Group in the Senate to "restrict the regularization of illegal immigrants through social roots" was taken into consideration by the Senate Plenary on 11/19/2025, with 145 votes in favor, 110 against, and 1 abstention, according to the official Senate note (Senate note). It was subsequently sent to the Congress, where it is registered as initiative 124/000038. The institutional database shows that in the Congress the proposal is in the amendment phase, also with an extended deadline until September 2, 2026. Therefore, it remains under processing in both Chambers, pushing towards a tightening of Organic Law 4/2000.
• Vox's version on social roots. Another Organic Legislative Proposal (122/000191), promoted by Vox in the Congress to toughen the Immigration Law regarding social roots, was debated in consideration and rejected by the Congress Plenary on 09/16/2025, with 169 votes in favor, 177 against, and 1 abstention. The official publication indicates that the processing is concluded due to rejection.
• Execution of expulsion orders. The Popular Legislative Initiative (ILP) transformed into a Legislative Proposal "for the execution of expulsion orders of foreign persons" (120/000020) was not admitted for processing by the Congress on 02/25/2025, according to the institutional registry; thus, it did not reach substantive parliamentary phase.

3. Delegation of migration powers to Catalonia

Another key front, impacting immigration management and internal borders, has been the delegation of powers to the Generalitat:

• PSOE and Junts registered in March 2025 a Organic Legislative Proposal for delegation of immigration powers to Catalonia, described by Junts as a Catalan "one-stop shop" for stay and residence authorizations and with a reinforced role for the Mossos in border security (Junts note, summary in Demócrata).
• The initiative was debated in the Congress and, according to the Chamber's own Bulletin, was rejected in the vote on taking it into consideration on 09/23/2025, thus concluded. That is, currently there is no approved state law that generally transfers immigration competence to Catalonia, although the issue remains alive on the political agenda.

4. Access to asylum and new Asylum Law

• In the XV legislature, several proposals on access to the right of asylum in embassies and consulates have been presented. One from Sumar (122/000049) was finally withdrawn by its own group; another later one (122/000071), also from Sumar, is registered in the Congress as admitted for processing and pending consideration. Therefore, this reform line exists but is still at a very initial procedural phase.
• On 08/25/2026, the Council of Ministers approved two draft bills: one for a new Asylum Law and another to amend Organic Law 4/2000, to adapt Spanish legislation to the European Pact on Migration and Asylum (Directive (EU) 2024/1346 and associated regulations). According to the official Government reference, these texts are still in draft bill phase, subject to reports and consultations, and have not yet been submitted as bills to the Congress.

5. General balance

In summary, the current parliamentary status can be synthesized as follows:

• There is a bill in advanced processing (121/000055, originating from Royal Decree‑Law 2/2025) on migrant minors and distribution among communities, in the amendment phase in the Congress.
• The organic legislative proposal from the Senate to restrict social roots is also active in the Congress, likewise in the amendment phase, while other tougher proposals (Vox) have been defeated.
• Politically significant initiatives such as the delegation of migration powers to Catalonia have been rejected at their parliamentary outset.
• The major structural reforms (new Asylum Law and comprehensive reform of the Immigration Law linked to the European Pact) remain, for now, on the Government's desk as draft bills, without bill numbers or open parliamentary phase.

The Minister of the Interior is the Government member responsible for the State's internal security policy and other key areas such as civil protection, traffic, and penitentiary institutions, always within the framework of the Constitution and the laws regulating each matter. Their competencies are generally determined by Law 50/1997, of November 27, on the Government, and specifically by sectoral regulations and the royal decrees on the organizational structure of the Ministry of the Interior (the current one is developed, among others, based on Royal Decree 734/2020, of August 4, modified by Royal Decree 146/2021, of March 9).

1. General competencies as minister

Law 50/1997 establishes the common statute of Government members. According to its article 4, ministers, as heads of their Departments, have competence and responsibility in their specific scope and exercise, among others, the following functions:

• Develop the Government's action within their Department's scope, in accordance with the Prime Minister's guidelines and the Council of Ministers' agreements.
• Exercise regulatory authority in matters pertaining to their Department, through ministerial orders or other provisions.
• Exercise the competencies attributed to them by laws and the Government's organization and functioning rules.
• Endorse, where appropriate, the King's acts affecting matters within their competence.

Additionally, the Minister of the Interior participates in the Council of Ministers, assuming joint political responsibility regarding the Government's collective decisions.

2. Specific competencies of the Minister of the Interior

On that general basis, sectoral legislation and the Ministry of the Interior's organizational structure assign the Department head a set of material competencies, among which stand out:

• Citizen security and public safety: Organic Law 4/2015, on the protection of citizen security and its development regulations position the Ministry of the Interior as responsible for protecting people and property and maintaining public order, mainly through the State Security Forces and Bodies and administrative measures (control of weapons and explosives, documentation, security measures in certain establishments, etc.).
• State Security Forces and Bodies: Organic Law 2/1986, on Security Forces and Bodies, along with subsequent regulations (e.g., Organic Law 9/2015, on the Personnel Regime of the National Police), assigns the Ministry of the Interior the political and administrative direction of the National Police and the Civil Guard in their citizen security role, as well as planning means, personnel, and resources for these functions.
• Civil protection and emergencies: Law 17/2015, of July 9, on the National Civil Protection System, establishes a multi-level system coordinated by the State. Within this framework, the Minister of the Interior exercises direction and coordination competencies in civil protection during emergencies of national interest, promotes state planning, and participates in the coordination bodies of the National Civil Protection System, together with autonomous communities and local entities.
• Traffic and road safety: The consolidated text of the Law on Traffic, Motor Vehicle Circulation, and Road Safety, approved by Royal Legislative Decree 6/2015, of October 30, places state traffic competence in the General State Administration, exercised through the Ministry of the Interior (Directorate-General of Traffic), including sanctioning power, interurban traffic regulation, issuance and management of driving licenses, and road safety campaigns.
• Penitentiary institutions: Although basic penitentiary legislation is contained in the General Organic Penitentiary Law and its Penitentiary Regulation (Royal Decree 190/1996, of February 9), the Government has traditionally assigned the Ministry of the Interior the management of state-competent penitentiary institutions (except for autonomous transfers), as well as the direction of the public entity Prison Work and Training for Employment (regulated by Royal Decree 122/2015, of February 27).
• Electoral processes: Organic Law 5/1985, on the General Electoral Regime, assigns the Government and State Administration the material organization of electoral processes. Within this, the Ministry of the Interior assumes electoral logistics (operational census, polling stations and venues, process security, provisional dissemination of results, etc.), a function reflected in numerous ministerial orders issued under LOREG.
• Immigration, migration, and asylum within its scope: Law 12/2009, regulating the right of asylum and subsidiary protection, and other immigration laws assign the Ministry of the Interior competencies in border control, processing asylum files in their police or admission phase, and operational coordination with other departments and international organizations (e.g., through agreements with UNHCR published in the BOE).
• Documentation and identification: The issuance and management of the National Identity Document (DNI) and ordinary passports are functionally framed within the Ministry of the Interior through the National Police, connected with its competence over citizen security and personal documentation.

3. Main normative references

Briefly, the main norms framing the Minister of the Interior's competencies are:

• Law 50/1997, of November 27, on the Government – general statute of ministers and the Government.
• Organizational structure norms of the Ministry of the Interior (including Royal Decree 734/2020, developing its basic structure, and subsequent modifications).
• Organic Law 2/1986, on Security Forces and Bodies, and complementary regulations of the National Police and Civil Guard.
• Organic Law 4/2015, on the protection of citizen security.
• Law 17/2015, on the National Civil Protection System and regulatory development norms.
• Royal Legislative Decree 6/2015, consolidated text of the Traffic and Road Safety Law, and complementary norms.
• Organic Law 5/1985, on the General Electoral Regime.
• Law 12/2009, regulating the right of asylum and subsidiary protection.
• Basic penitentiary legislation and its regulatory development (including Royal Decree 190/1996 and Royal Decree 122/2015).

Altogether, this legislation configures the Minister of the Interior as the highest political official responsible for internal security and several essential State services, always acting under the Prime Minister's direction and within the limits set by the General Courts.

Cooperation between Spain and Frontex in border control is based on a dual legal pillar: Union Law (particularly the European Border and Coast Guard Regulation, currently 2019/1896) and Spanish regulations on security forces, coastal surveillance, and migration management. Such cooperation is only possible if Spain expressly requests or accepts it, is articulated through an agreed operational plan, and is developed under Spanish command and law, with full respect for fundamental rights.

1. Basic legal framework

• European Frontex Regulation (2019/1896): defines the mandate of the European Border and Coast Guard Agency, the permanent body of agents, and the figures of joint operations and rapid border interventions. According to explanatory articles collected by Demócrata, this Regulation establishes that the agency:
  • Only acts supporting States; it does not independently manage borders.
  • Must always do so with the host State's consent and within an agreed operational plan.
• Spanish security and border law: Order PRE/2523/2008 created the Civil Guard Centers for maritime surveillance of coasts and borders and recalls that Organic Law 2/1986 on Security Forces and Bodies assigns the Civil Guard custody of coasts, borders, ports, and airports, and control of irregular immigration in the maritime domain. Organic Law 5/2005 on National Defense contemplates Armed Forces' support in maritime space surveillance.
• Asylum and international protection regulations: Law 12/2009 develops the right of asylum and subsidiary protection, incorporating the European acquis on international protection. Decisions on admission, border rejection, asylum, or return are always competencies of Spanish authorities, not Frontex.

2. Formal requirements to deploy Frontex in Spain

• Express request or acceptance by Spain: Demócrata's explanatory pieces emphasize that Frontex "does not have general competence to intervene on its own in Spanish territory" and that, even when Brussels offers reinforcements, deployment requires Spain to formally request or accept it through its competent authorities (Ministry of the Interior, Government).
• Situation assessment: faced with intense migratory pressures or a crisis at an external border (Ceuta, Strait, Canary Islands, etc.), the State must describe the problem, objectives, and needs. The agency evaluates the request and decides whether to propose a joint operation or a rapid intervention.
• Mandatory operational plan:
  • Must be negotiated between Frontex and Spain and approved before deployment.
  • Specifies operation area, duration, number and profile of agents, technical means (boats, planes, drones, biometric equipment), and rules of engagement.
  • Clearly establishes that European agents act under the operational command and control of Spanish authorities and according to national and European Law.
• Authorization for executive functions: the analyzed texts insist that, although members of the permanent body may perform controls, consult databases, or carry weapons, they need the host State's authorization. Without that specific authorization, their role is limited to technical or operational support.

3. Material requirements and legal limits

• Respect for fundamental rights: according to Demócrata's analysis of the Frontex Regulation, all operations:
  • Are subject to EU Law, Spanish legislation, and international human rights law.
  • Must respect the right of asylum, protection of minors and vulnerable persons, and the non-refoulement principle (not sending anyone to a place where they may suffer persecution or inhuman treatment).
  • Are supervised through the agency's Fundamental Rights Officer and complaint mechanisms; Frontex itself can suspend an operation if it detects serious or persistent violations.
• Preservation of Spanish sovereignty and competencies:
  • Border management remains Spain's responsibility; Frontex "cannot occupy a border nor unilaterally replace State authorities".
  • Individual decisions on admission, entry denial, detention, asylum, expulsion, or return are made by Spanish administrative or judicial authorities, in light of the Immigration Law, Asylum Law, and the Constitution.
• Integration into the national control structure: cooperation is articulated over the existing structure — Civil Guard (maritime service and coastal and border surveillance centers), National Police at border posts and ports/airports, and European systems like the EES — which is reinforced, but not replaced, with Frontex means.
• Consistency with the Migration and Asylum Pact: European Commission documents on the new Pact detail that border control and "triage" procedures (identification, biometrics, vulnerability and security assessment) are obligations of Member States. Frontex can support, but the primary legal obligation lies with Spain.

In summary, Spain–Frontex cooperation is neither automatic nor discretionary: it requires a European regulatory basis, the Spanish Government's request or consent, a detailed operational plan, action under national command, and scrupulous respect for fundamental rights and Spanish immigration, asylum, and security regulations.