Workable measures to stop Spain's current migration madness within the system
Legal proposals to curb irregular immigration in Spain: visas for South Americans, scrapping the arraigo regularization route, and the ever-present judicial obstacle blocking any change.
English · Original discussion in Spanish · Published
Visas for South Americans and judicial control: the proposals to curb irregular immigration
In Spain, South Americans can enter without a visa for 90 days thanks to an exception in the LOEX (Spain's immigration law) that does not exist anywhere else in Europe. Once that period expires, many slip into irregularity. The initial proposal is to require a visa as most countries already do, but the debate reveals that the real barrier is not legal but judicial and political.
The visa route and the arraigo
The main gateway for irregular immigrants is Barajas airport, thanks to that visa exemption. Requiring a visa would allow the influx to be filtered. In addition, the proposal is to abolish the arraigo, a legal figure that allows people to regularize their status after staying in the country illegally, and which was recently expanded. However, any law runs into a judiciary that interprets the rules expansively.
Judges against deportation
The courts have blocked deportations even where bilateral agreements exist, such as the one with Segarro for unaccompanied migrant minors. The Supreme Court overturned the returns of minors on procedural grounds. The case of Meloni in Italy, who tried to outsource processing camps to Albania and was stopped by the courts, is the perfect example of how the legal maze prevents action. The conclusion of part of the analysis is that without political control of the judiciary, no measure is viable.
Illiberalism as a way out
The debate drifts toward a radical solution: copying the left's tactics and colonizing the CGPJ (Spain's judicial governing body), the Constitutional Court and the Prosecutor's Office to guarantee that laws are enforced. This is justified as the lesser evil compared with the demographic and social collapse ahead. Others warn that this path leads to a kleptocracy that would drive away capital and talent, although the counterargument is that if paired with real legal certainty and low taxes, it could become a magnet.
The question that remains hanging is whether the system allows itself to be corrected from within, or whether the price of doing so is ceasing to be the very system one wants to save. Meanwhile, the incentives of politicians, business owners and NGOs keep working in favor of mass immigration.
Related discussions in the forum
In Spain, South Americans can enter without a visa for 90 days thanks to an exception in the LOEX (Spain's immigration law) that does not exist anywhere else in Europe. Once that period expires, many slip into irregularity. The initial proposal is to require a visa as most countries already do, but the debate reveals that the real barrier is not legal but judicial and political.
The visa route and the arraigo
The main gateway for irregular immigrants is Barajas airport, thanks to that visa exemption. Requiring a visa would allow the influx to be filtered. In addition, the proposal is to abolish the arraigo, a legal figure that allows people to regularize their status after staying in the country illegally, and which was recently expanded. However, any law runs into a judiciary that interprets the rules expansively.
Judges against deportation
The courts have blocked deportations even where bilateral agreements exist, such as the one with Segarro for unaccompanied migrant minors. The Supreme Court overturned the returns of minors on procedural grounds. The case of Meloni in Italy, who tried to outsource processing camps to Albania and was stopped by the courts, is the perfect example of how the legal maze prevents action. The conclusion of part of the analysis is that without political control of the judiciary, no measure is viable.
Illiberalism as a way out
The debate drifts toward a radical solution: copying the left's tactics and colonizing the CGPJ (Spain's judicial governing body), the Constitutional Court and the Prosecutor's Office to guarantee that laws are enforced. This is justified as the lesser evil compared with the demographic and social collapse ahead. Others warn that this path leads to a kleptocracy that would drive away capital and talent, although the counterargument is that if paired with real legal certainty and low taxes, it could become a magnet.
The question that remains hanging is whether the system allows itself to be corrected from within, or whether the price of doing so is ceasing to be the very system one wants to save. Meanwhile, the incentives of politicians, business owners and NGOs keep working in favor of mass immigration.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (36 replies).
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