The decision of the Supreme Court of Spain regarding the so-called "grandchildren's law" has raised concerns among thousands of Cubans who applied for or obtained Spanish nationality through the Democratic Memory Law.
However, it is important to clarify its scope: the Supreme Court has not suspended the grandparent's law, has not halted nationality applications, nor has it annulled the Spanish nationalities that have already been granted.
The measure adopted this Tuesday is precautionary and affects the Electoral Roll of Absentee Residents (CERA) while the court resolves the appeal filed against a decision of the Central Electoral Board (JEC).
In simple terms: what is at stake is the registration in the census and the possibility of voting for certain beneficiaries, not their status as Spanish citizens.
What has the Supreme Court suspended exactly?
The court distinguishes between those who have already registered in the CERA and those who are still processing that registration.
People who have already obtained Spanish nationality through this route, but have not yet been registered in the CERA, will be able to continue processing their census file until it is completed. Once concluded, the registration will be suspended until the Supreme Court issues a ruling on the substance of the matter.
In the case of those who have already been registered in the CERA, the electoral effects of that registration are temporarily suspended for any processes that may be called while the procedure is being resolved.
This may temporarily prevent certain affected individuals from voting, but it does not mean they lose their Spanish nationality.
Furthermore, the suspension does not equally affect all beneficiaries. The Supreme Court excludes from the measure those individuals whose consular records certify that they directly meet the legal criteria concerning children or grandchildren of Spaniards by origin who lost or renounced their nationality as a result of exile.
Therefore, the court has ordered the differentiation of the cases arising from the direct application of the law from those approved under the interpretation contained in the Instruction of October 25, 2022 from the Ministry of Justice.
Why did the electoral census end up in the Supreme Court?
The controversy centers on that instruction, which established a presumption of exile for Spaniards who left the country between July 18, 1936, and December 31, 1955. The appellants, Iustitia Europa and Vox, challenge the idea that this interpretation broadened the assumptions directly provided for by the law.
The issue also took on a significant political dimension due to the growing number of Spanish voters residing abroad. As of July 1, 2026, the CERA comprised 2,736,522 voters, about 408,000 more than in the census used for the general elections of 2023.
Cuba holds a prominent position in that census: 169,008 Spaniards residing on the island were registered in the CERA as of July 2026, which placed the country among the five countries with the highest number of Spanish voters abroad.
These figures should not be confused with the number of Cubans who applied for nationality under the Law of Democratic Memory. Applying for or obtaining nationality and being registered in the CERA are different situations.
The significant growth of the external census has sparked a political debate in Spain about the potential influence of these new voters. Opposition sectors have accused the government of Pedro Sánchez of facilitating a modification of the census for electoral purposes, while the Executive has defended the implementation of the Democratic Memory Law.
However, the growth of the CERA does not allow us to conclude that new voters will vote for the PSOE or any other party. Its electoral impact also depends on voter participation and how the votes are distributed among parties and constituencies.
Why did the Supreme Court decide to intervene now?
Iustitia Europa and Vox requested the precautionary measure, arguing that allowing the contested registrations to take effect before the litigation was resolved could cause irreparable harm.
The argument is that, if an election is held and those votes are counted, their effects on the outcome could not be undone later if the court concludes that certain additions to the registry should not have occurred in that way.
The Prosecutor's Office and the State Attorney opposed the suspension, but the Supreme Court partially accepted the requested measure. The decision is precautionary and does not prejudge what the final ruling will be.
What does the decision mean for Cubans?
For the affected Cubans, it is necessary to distinguish three issues: having Spanish nationality, being registered in the CERA, and being able to exercise the right to vote.
If a Cuban has already obtained Spanish nationality through the Law of Democratic Memory, this decision is not revoked. If their nationality application is still pending, the Supreme Court has not ordered its processing to be halted.
What may be suspended is their inclusion in the electoral roll or, if they are already listed, the electoral effects of that registration, depending on the legal basis of their file.
It is also incorrect to state that all Cubans naturalized through the Law of Grandchildren automatically lose the right to vote. The Supreme Court has established an exception for certain cases and has ordered the JEC and the consular registries to separate the files according to the method by which they were recognized.
Therefore, expressions like “Spain suspended the grandchildren's law,” “they are going to revoke nationalities,” or “the Supreme Court annulled the granted citizenships” do not accurately describe what happened.
The key for Cubans is simple: the Supreme Court's decision temporarily affects the electoral roll and the vote of certain beneficiaries, it does not annul the grandchildren law nor does it withdraw Spanish nationality from them.
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