New immigration rules allow authorities to approve applications even when police records exist, subject to individualized assessments.
By yourNEWS Media Newsroom
Spain’s government may grant legal status to certain illegal migrants with criminal records under newly enacted immigration reforms tied to a large-scale amnesty program, according to reporting by El Mundo.
The policy follows a Royal Decree signed by Pedro Sánchez, which aims to regularize the status of approximately 500,000 migrants currently residing in the country without authorization. The decree includes a requirement that applicants must not pose a threat to public order, safety, or public health, but accompanying regulatory changes clarify that the existence of a criminal record alone does not automatically disqualify an individual.
Under the updated framework, Spain’s Immigration Case Processing Unit (UTEX), operating within the Inclusion Ministry, is responsible for evaluating each applicant. Officials will review criminal records alongside police reports to determine whether an individual presents a risk. The regulations specify that decisions will be made “on a case-by-case basis and in detail,” considering the specific circumstances of each applicant.
The decree was published in Spain’s official state bulletin and took effect April 16, with applications accepted through June 30. Government officials have indicated that administrative capacity has been expanded to manage the anticipated volume of applications, stating that systems are in place to process requests efficiently.
In a public statement shared on social media, Sánchez said, “Regularization isn’t just necessary — it’s fair. It means acknowledging a reality that already exists. It means ensuring rights and responsibilities, dignity, and social cohesion.” He added, “We continue working to improve people’s lives.”
The policy has drawn attention to the discretion granted to authorities reviewing applications. Because a criminal record does not automatically lead to denial, the final determination rests with UTEX officials assessing whether an applicant constitutes a threat under the law.
Legal challenges to the decree have already begun. Spain’s Supreme Court of Spain declined to issue an emergency suspension of the measure in response to a petition filed by the Association for Reconciliation and Historical Truth. In its decision, the court stated there were “no circumstances of particular urgency” justifying immediate intervention and directed that the matter proceed through standard legal review. The government has been given 10 days to respond as part of that process.
The amnesty initiative represents one of the most significant immigration regularization efforts in Spain in recent years, with implementation now underway as authorities begin accepting applications under the revised rules.
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