The Spanish government is working on a Decreto-ley, the returns intended to speed up the return of people without residence rights to Morocco. Government representatives reaffirmed the proposal on 26 September 2026 in official statements and references to discussions in the Council of Ministers. The executive cites the easing of pressure on overcrowded capacity at the southern borders and the standardisation of procedures as reasons for the measure.
No specific legal text or timetable for the planned decree was available up to and including 26 September 2026. According to the government, the draft aims to make organisational changes: more staff and infrastructure for registration and accommodation, faster identity checks (referred to in Spanish documents as “Filiation”) and clearer procedural responsibilities, so that return cases can be processed more quickly. Discussions with the relevant Moroccan authorities on procedures and evidence are also under way.
Madrid points to measures and agreements already published as the existing basis, including decisions announced in the Boletín Oficial del Estado since late August and early September, as well as cooperation with the International Organization for Migration. Ministry of the Interior and the presidency have also stressed close coordination with the autonomous cities and affected regions in their statements.
Political and legal consequences are foreseeable, but will depend on the final wording. Human rights organisations and parts of the opposition had called in previous debates for safeguards for minors, asylum seekers and other particularly vulnerable groups. The government assures that international and European requirements will be respected. If the Decreto-ley is issued, it must be submitted to Parliament for subsequent approval; amendments or additional checks could be included at that stage.
In Madrid, the move is also justified by the situation in Ceuta where the authorities have been under pressure for weeks. The Interior Ministry points to the need to establish identities quickly, distinguish asylum procedures correctly and initiate returns where legally possible. At the same time, legal experts warn that acceleration is likely to stand up only if backed by robust procedural safeguards.
The course is therefore set in practice: the executive wants to streamline procedures and deepen cooperation with Rabat; the specific legal framework will follow only once the decree text is published and subjected to subsequent parliamentary scrutiny.
Editor: Mira Cadena (Article created with AI assistance).