The Spanish government approved two draft laws on immigration matters this Tuesday that will change the rules for applying for asylum and for those entering the country irregularly, reported the agency EFE.
The reform, which includes a new asylum law and changes to the Immigration Law, comes after the crisis experienced at the end of July in Ceuta, when between 50,000 and 80,000 people crossed from Morocco in just two days.
Although the majority later returned to Moroccan territory, thousands remain in the autonomous city, including many unaccompanied minors, amid significant pressure on the reception resources.
The Minister of the Interior, Fernando Grande-Marlaska, assured that the goal is to achieve "a protection system that is more agile, effective, organized, and guarantee-oriented" and to adapt it to the current migration reality.
What will change for those who seek asylum?
One of the main new features is the establishment of an expedited procedure, which must be resolved within a maximum of three months.
A procedure is also established at the border of up to 12 weeks, during which the applicant will remain in designated facilities before it is decided whether they can formally enter Spain.
If the request for international protection is denied, the person will receive both the denial and the obligation to leave the country at the same time. To appeal the decision, they will need to go directly through the judicial route.
The new regulation explicitly includes persecution based on gender, gender identity, and disability among the grounds that may justify international protection.
The government argues that the current system requires a thorough update due to the increase in applications: Spain went from about 3,000 requests in 2009 to 167,000 in 2024 and 144,000 in 2025.
More controls for irregular entries
The immigration reform also introduces what is termed triage, an initial control for individuals crossing the border without meeting the entry requirements.
The process will include identification, medical examination, vulnerability assessment, collection of biometric data, and security checks. Spain sets a maximum deadline of 72 hours, extendable only by court decision in justified individual cases.
According to an analysis by El Faro de Ceuta, the draft projects also allow for the distribution of applicants among autonomous communities, provinces, or large cities based on their capacity to host.
They also include mobility restrictions during processing, which can range from the obligation to remain in a specific geographical area to confinement in designated facilities when there is a risk of flight. In certain cases related to national security, internment is foreseen.
How can it affect Cubans?
The reform is particularly relevant for Cubans seeking protection in Spain, where obtaining asylum is already challenging. In 2025, the country granted political asylum to only 36 Cubans, while another 152 applications were denied.
The changes, however, are not yet in effect. The draft proposals will need to go through several advisory bodies before reaching the Parliament for their legislative process, where they may be subject to modifications.
The Spanish Commission for Refugee Aid (CEAR) warned of "serious setbacks in human rights" in the texts, while UNHCR pointed out that the true impact of the new framework will depend on how it is ultimately implemented.
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