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Spain Could Offer Amnesty to Undocumented Migrants with Criminal Backgrounds

Spain Could Offer Amnesty to Undocumented Migrants with Criminal Backgrounds

Recent adjustments to Spain’s immigration laws may allow illegal immigrants with criminal records to take advantage of a new mass amnesty program, according to El Mundo.

On Tuesday, Prime Minister Pedro Sánchez’s socialist government enacted a significant amnesty decree that provides legal status to around 500,000 undocumented immigrants residing in Spain. This initiative includes a more relaxed set of requirements, one being that individuals should have “no criminal history and must not be seen as a threat to public order, safety, or health.”

The mass amnesty decree, which was published in the Official Gazette on Wednesday, aligns with reforms in immigration regulations that specify that the presence of a criminal record alone does not automatically disqualify anyone from receiving a permit.

The Immigration Case Processing Unit (UTEX), a branch of the Department of Inclusion, clarified its role in ensuring that applicants “do not pose a threat” based on their criminal history and through evaluations of relevant police records.

However, the newspaper raised concerns about how the clause—indicating that a criminal record isn’t grounds for denial—is handled. UTEX is responsible for assessing an individual’s criminal background and ultimately determining their potential threat to public order.

The regulations indicate that assessments will be conducted “in detail on a case-by-case basis,” taking into account the particular circumstances surrounding each individual.

Officials from the Ministry of Inclusion mentioned that they have “expanded operational capacity and administrative resources” to manage the anticipated applications efficiently and are “prepared” to implement this extraordinary measure effectively.

The mass amnesty officially commenced on Thursday, April 16, with applications accepted until June 30.

In a statement on social media, Prime Minister Pedro Sánchez emphasized, “Normalization is not just necessary; it is fair. It acknowledges the reality that exists and aims to ensure rights and responsibilities, dignity, and social cohesion.”

“We continue to strive to enhance people’s lives,” he added.

On the same Thursday, the Spanish Supreme Court dismissed a request for an emergency injunction against the amnesty order from the Association for Reconciliation and Historical Truth, a non-profit organization. The court stated that there were “no particularly urgent circumstances” to justify the injunction, allowing the case to proceed under regular procedures and granting the government ten days to respond.

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