10,500 Grandchildren Law files in Argentina show no proof of exile

The Buenos Aires consulate reviews 10,500 Grandchildren Law files and finds no proof of exile in any of them

The Spanish consulate in Buenos Aires has reviewed 10,500 naturalization files filed under the Grandchildren Law (Ley de Nietos, a 2022 Spanish law granting citizenship to descendants of exiles) and found no proof of exile in any of them, according to information published by OKDIARIO. The figure contrasts with the 31,390 files reviewed in Mexico, of which only 91 (0.2%) proved the applicant's status as an exile. Spain's Supreme Court has suspended the voting rights of those naturalized through this route due to the lack of documentation justifying their ancestors' exile.

The law, passed in 2022, recognized the right to citizenship for descendants of Spaniards who had "suffered exile for political, ideological or belief reasons, or because of their sensual orientation or identity." However, an instruction from Sofía Puente, then Director General of Legal Security and Public Faith, presumed exile status for anyone who had left Spain between July 18, 1936 and December 31, 1955. All that was needed was to justify the ancestor's departure from the country.

The Supreme Court demands the list of those affected and warns of incivil liability

The High Court has required ministers Félix Bolaños and José Manuel Albares to send the list of those affected to the Electoral Board and the Electoral Census Office, warning that if they fail to do so, they may incur incivil liability and be fined. The Supreme Court considers it "incomprehensible" that the list of those registered on the CERA (the electoral roll for Spaniards living abroad) "has not yet been provided" and warns that it "is fundamental for the proper composition of the electoral roll."

The Government has admitted that it will be "impossible" to identify everyone naturalized under the Grandchildren Law before the elections on November 29, which foreshadows a flood of challenges to the CERA vote results. The consulates are working against the clock to identify the 163,020 people naturalized through this route, according to the Directorate General for Consular Affairs, whose voting rights are suspended.

The Buenos Aires consulate handles 645,000 citizenship applications

The Buenos Aires consulate handles the most Spanish citizenship applications: 645,000 requests. Of these, documentation has been received from 230,000 potential beneficiaries and 30,000 have been resolved. Not all are affected by the voting suspension decreed by the Supreme Court. According to Government figures, 2.4 million people have applied for Spanish citizenship and 600,000 files have already been resolved favorably.

Puente's instruction meant that even descendants of economic emigrants from the nineteenth century could qualify for citizenship. The flexible interpretation of the law, according to OKDIARIO, has led to the vast majority of cases being filed without documentation justifying exile status. The few beneficiaries who did provide evidence submitted proof that could not be considered conclusive.

The opposition criticizes the lack of oversight and demands accountability

The news has sparked outrage among sectors critical of the Government. Some argue that the Grandchildren Law has become a way to slip through uncontrolled naturalizations and that the PSOE (Spain's Socialist Party) is seeking votes abroad. The counterargument is that the consuls merely trinc an administrative instruction and that the suspension of voting rights abusa fundamental rights.

The most optimistic estimate assumes the consulates will be able to review the remaining files before the elections; the pessimistic scenario assumes that the lack of personnel and resources will make it impossible to comply with the Supreme Court's request. The opposition demands political and judicial accountability, while the Government insists that "all of Spain's consulates are making every necessary effort."

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A month and a half ago, the Supreme Court issued the first of its rulings suspending the voting rights of those naturalized under Puente's instruction. Now, with 10,500 files reviewed in Argentina and none proving exile, the question is whether anyone will pay for a fraud that affects the electoral roll and the very credibility of the institutions.