On Wednesday, Spain’s Supreme Court agreed to hear an appeal from Madrid Community President Isabel Díaz Ayuso challenging a mass amnesty initiative for undocumented immigrants introduced by Prime Minister Pedro Sánchez’s socialist government.
Miguel Ángel García Martín, the Madrid Minister and Local Government Spokesperson, explained during a press conference that the Madrid government is contesting the amnesty decree because it “significantly impacts public service provision in Madrid without a clear funding mechanism” and claims it infringes on EU regulations while posing a risk to national security.
As an interim measure, Madrid has requested the Supreme Court to issue a temporary suspension of the amnesty decree while the appeal is processed.
According to the Spanish newspaper ABC, Sánchez’s government has five days to respond to Madrid’s request for a preliminary injunction.
The socialist government is currently implementing a comprehensive amnesty process aimed at granting legal residence and work permits to 500,000 undocumented immigrants, along with other benefits, provided they meet a few notably lenient criteria. This amnesty program was enacted through a royal decree, allowing the government to bypass parliamentary debate, despite widespread opposition from many in Spain, including members of parliament. This situation is raising eyebrows within the European Union as well.
Spokesperson García Martín noted that the mass amnesty process has “serious deficiencies” that contradict Europe’s immigration agreements.
He cited examples of these deficiencies, highlighting that one only needs to have lived in Spain for five months to show a connection and pointing out that undocumented immigrants with criminal backgrounds could potentially be regularized, along with those in pretrial detention.
The Spanish government maintains that individuals seeking to benefit from the amnesty must demonstrate that they were in Spain prior to January 1, 2026, and have lived there continuously for at least five months before applying. Additionally, they must show they have “no criminal record and do not endanger public order, safety, or health.”
However, despite the stipulation regarding criminal records, the Spanish newspaper El Mundo recently reported that new reforms to the immigration laws could allow undocumented individuals with criminal records to qualify for amnesty. Moreover, some documents have surfaced, showing that prison authorities are identifying foreign inmates who might be eligible for amnesty and encouraging prisons to “actively collaborate in processing these cases.”
