Government Strategies to Restore Order in Ceuta Amid Immigration Surge
As we approach the two-month mark since an estimated 80,000 individuals stormed the border between Spain and Morocco in Ceuta, the situation remains dire and unchanged. The influx of migrants has not diminished, and locations such as the Naves del Tarajal and the Trampolín beach continue to be overcrowded with immigrants living in inhumane conditions, often in makeshift shelters or on the streets. For the residents of Ceuta, including the city's president, Juan Jesús Vivas, achieving a sense of normalcy hinges on the return of all undocumented immigrants to Morocco. This has been the primary objective of the authorities involved in managing the crisis since the day of the invasion, including the central government, which appears to waver on its stance regarding unaccompanied minors but remains firm on adults.
Despite the gravity of the situation, Pedro Sánchez, during his visit to Ceuta, described the event as an "attack, a violation of the territorial integrity" of Spain, yet he has not utilized any legal mechanisms available to expedite the return of migrants to Morocco in the two months since. So far, the majority of those who have crossed back through the border have done so voluntarily, totaling around 6,000, while only 318 have been expelled by the government according to the latest figures.
There are several legal frameworks that the government could leverage to enhance the return process and restore normalcy to Ceuta: the Immigration Law, the European Pact on Migration and Asylum, the bilateral agreement between Spain and Rabat established in 1992, and the recent European Crisis Regulation. Each of these avenues offers potential solutions to the ongoing crisis.
Firstly, the Immigration Law specifically mandates the rejection of foreigners attempting to illegally cross the borders of Ceuta and Melilla. However, should an individual submit a request for international protection, this would suspend their return until a resolution is reached, complicating the process of establishing a regular residency status.
At this juncture, European regulations come into play. The European Pact on Migration and Asylum requires that individuals crossing borders irregularly undergo a triage process to ascertain their identity, nationality, health, vulnerability, and security status. Following this assessment, the regulation provides two possible outcomes: asylum or return. Throughout this process, the immigrant must remain available to authorities, and European law allows for measures to ensure their presence and prevent absconding.
This situation is particularly troubling in Ceuta, where one of the challenges faced by government-operated shelters is that they do not prevent the free movement of undocumented migrants. This not only hinders the restoration of normalcy in the streets but also provides an opportunity for these individuals to seek out criminal networks and escape to the mainland.
For those seeking asylum, Spanish legislation is explicit. Article 37 of the Asylum Law states that the inadmissibility or denial of an application leads to the "return, expulsion, or mandatory departure from Spanish territory," unless there are other grounds for remaining. Furthermore, another European regulation concerning asylum procedures facilitates the "border procedure," which aims to swiftly resolve unfounded or inadmissible applications, enabling a quick return for those who do not have the right to remain after the appropriate resolution. It is worth noting that, according to the EU, Morocco is considered a safe country, providing room to expedite the processing of inadmissible applications.
Additionally, the 1992 Hispano-Moroccan Agreement compels Rabat to readmit nationals of third countries who have entered Spain illegally from its territory. However, Spain has not activated the ten-day request period stipulated in this agreement. Moreover, the European Crisis Regulation, which outlines exceptional measures for countries affected by the manipulation of immigration, has yet to be activated as well.
As reported by larazon.es.
