Blanca Garcés : “The regularisation of 500,000 undocumented migrants in Spain is driven by humanitarian and economic considerations”

This is not Spain’s first attempt at regularising undocumented migrants. However, the announced figure of 500,000 – which could in fact reach 800,000 -, is striking both by its scale and its new, broader eligibility criteria. 

This measure, driven by left-wing parties and human rights organisations, is also backed by employers’ organisations seeking to recruit workers. Blanca Garcés, a researcher at the Barcelona Centre for International Affairs (CIBOD), examines the benefits and limitations of this exceptional provision. But unless public services and the education system adapt to this population growth, this decision could provide ammunition for the far right.

Alternatives Economiques – At the end of January, the Spanish government announced a one-off regularisation scheme for undocumented migrants. It is estimated that around 500,000 people will be regularised. This is unprecedented in Europe in the current climate. Is this also the case in Spain?

Blanca Garcés – This measure contradicts the approach taken elsewhere in Europe. However, it is not without precedent in Spain, which has undergone seven regularisation schemes since the return to democracy. Both the right and the left have initiated three programmes each. This policy is therefore pursued by governments on both sides of the political spectrum.

That said, the proposed regularisation scheme is different. It is the culmination of a campaign led by migrant support organisations, which gathered more than 700,000 signatures through a citizens’ legislative initiative [a petition that forces Parliament to consider a proposed bill] – an unprecedented result. 

It also differs in that previous schemes were aimed at undocumented workers, i.e. those already integrated into the labour market. This time, anyone is eligible, including asylum seekers, provided they agree not to apply for asylum. They must also meet two criteria: they must have no criminal record and must have been present in the country for at least five months prior to 31 December 2025.

There are therefore two underlying motivations at play here: an economic rationale, led by employers’ organisations, and a human rights one, led by left-wing parties, the Church, and, of course, organisations supporting exiles. Without current economic growth, such a regularisation scheme would not be taking place. The pressure from employers is very real. In total, the scheme could affect almost 800,000 people. 

However, residence permits will only be valid for one year. Does this not simply postpone the issue for a number of people?

During the last regularisation of this kind, in 2005, a large number of people were unable to prove that they were in employment after one year and had slipped back into irregular status by the deadline. This time, the idea is that the one-year permit can be renewed for one more year, even without a job offer, since employment is not the only initial criterion. As for asylum seekers, who can obtain longer-term permits through the asylum process, many of them – particularly those most likely to be granted international protection – will not abandon this route, as it offers greater protection.

So there has been no regularisation since 2005? Does Spain have a discretionary regularisation mechanism similar to France’s exceptional admission to residence?

Between 2005 and 2025, governments prioritised regularisations under a scheme known as ‘arraigo’ (rootedness). These are individual regularisations, but they are not discretionary. Provided certain criteria are met, such as having family ties, proving a two-year period of residence, having no criminal record and, very important, having a job offer, the individual is granted legal status. Initially, this is granted for one year. In the second year, the permit granted is for two years, renewable once. After five years, individuals are eligible for a permanent residence permit.

So would it be relatively easy for Spain to get rid of the irregular situations?

The Spanish system is fairly inclusive for those in the labour market. However, the economy is heavily reliant on the informal sector, especially in agriculture and personal care services. Migrant workers in these sectors lead very hard lives. 

Furthermore, Spain has low asylum approval rates. This is because people from certain countries, like Colombia, apply for asylum even though they are almost certain not to be granted it. They do this to establish a period of residence that they can then use to apply for regularisation under the ‘arraigo’ scheme. Other nationalities, such as Venezuelans, rarely obtain asylum; however, they do have easy access to humanitarian status.

How many undocumented migrants are there?

All individuals residing in Spain, regardless of their status, are required to register with the local authorities. When these figures are compared with the national census, the result is the number of irregular migrants, which stood at around 500,000 a few years ago. According to MIrreM, a European research group on irregular migration, the figure stood at around 450,000 in 2019, which is consistent with this. However, the situation has recently changed due to socio-economic crises in South America. According to the think tank Funcas, there are currently 840,000 irregular migrants in Spain.

The situation in Spain is unique: nearly 80% of people applying for residence permits come from Latin America. They speak Spanish and share a cultural background with native Spaniards, despite everything. The Spanish middle classes rely heavily on Latin American communities, mainly women, to look after their children and do their housework. Migrants are rarely perceived as a threat.

How should we view this measure, ultimately?

This is a very good measure that is in line with the needs of the economy and respects human rights and international conventions. However, its effects could have mixed consequences, particularly because the way in which it was introduced bypasses the standard parliamentary process. Such a provision could not have been adopted without the system of parliamentary petitions or popular legislative initiatives. And it is to be enacted by royal decree. This plays into the hands of the far right.

Another aspect relates to social and educational services. If these services are not scaled up to cope with the resulting population increase, this too could fuel the far right. The inability of left-wing parties to recognise this problem partly explains the vote for the far right in certain neighbourhoods and local authorities.

This article is published in collaboration with the European Data Journalism Network within the ChatEurope project and is released under a CC BY-SA 4.0 licence.

Original source: https://www.alternatives-economiques.fr/blanca-garces-la-regularisation-de-500-000-sans-papiers-en-espagne-r/00118428.