Spanish Council of State Flags "Relaxed" Migrant Background Checks

Spain - Ekhbary News Agency

The Council of State, Spain's highest consultative body, has raised significant concerns regarding the Ministry of Inclusion, Social Security, and Migrations' plan to permit a "responsible declaration" of no criminal record for irregular migrants seeking regularization. This measure, intended for cases where origin countries do not issue certificates, is deemed an "inadequate technique" for a mass process by the Council. They argue it could "unjustifiably relax" requirements, potentially opening the door to "unrigorous and even irregular practices."

The advisory opinion, while not binding, urges the government to remove this provision or suspend the process until proper documentation is provided. The Ministry of Interior has consistently advocated for stringent checks via official certificates, contrasting with the Ministry of Migrations' more flexible approach. The Council of State has sided with the Interior Ministry, emphasizing the importance of upholding the general requirement of the Foreigners' Law. The proposed decree aims to regularize approximately half a million irregular migrants, with key conditions including continuous residency and a clean criminal record, which the Council stresses must be rigorously verified to ensure legal certainty and public safety.