Sánchez opens door to private guardianship of migrant minors in Spain

Private guardianship of migrant minors: the plan that reopens the debate on the role of the state

A solution or a business? Pedro Sánchez's government is preparing a mechanism for private organisations to take on the legal guardianship of unaccompanied migrant minors, according to the proposal circulating widely in the media and economic circles. The measure would mainly affect underage girls taken in in Ceuta, who would be transferred to mainland Spain under the guardianship of NGOs — a role that until now belonged to the public administration.

From certificates to guardianship: the pendulum of responsibilities
This is not the first time the role of private organisations in migration management has been debated. Before this proposal, controversy had already arisen over the possibility of NGOs issuing certificates valid for residence procedures. With legal guardianship, the leap would be far greater: private entities would have the final say over minors, without the usual administrative constraints.

Some argue that the state's civil power is being privatised. Others frame it in economic terms: organisations receive funding for each guardianship, which turns taking minors in into a perverse incentive. And there are those who ask who bears civil liability if a minor under an NGO's guardianship commits a crime. Under the current system, responsibility is more or less clear; under this formula, it becomes blurred.

Hundreds of minors, or uncontrolled business?
Sarcasm does not help make sense of the figures. Declared ages are another battleground: there is talk of 16-year-olds who look like adults, and suspicion of networks inflating the numbers runs through the debate. The harshest accusation is that people trafficking could end up becoming an industry, like tourism. It is an extreme claim, but it captures the unease the measure provokes.

The loudest critics offering up their own homes as a solution is the easy answer of those who do not want a real debate. The serious question remains: can a private entity, funded with public money, act as the state for the minors nobody claims? For now, no one has given an answer that convinces both of Spain's two camps.