The Spanish opposition party, the Partido Popular (PP), has announced plans to introduce a legislative reform aimed at authorizing the immediate return of migrants who reach the Spanish enclaves of Ceuta and Melilla by swimming. This proposal follows a recent Supreme Court ruling that clarified that current laws allowing for summary rejections at the border—often referred to as hot returns—only apply when migrants are intercepted at physical containment structures, such as border fences. The court’s decision effectively excluded maritime or swimming-based entries from this legal framework, prompting the PP to seek a legislative change to close this gap.
Alma Ezcurra, a spokesperson for the PP, stated that the initiative is designed to provide clear legal and judicial protection for the State’s security forces. According to the party, the current pressure on the borders of Ceuta and Melilla has shifted from land-based fence crossings to maritime arrivals, leaving police and civil guards without the necessary tools to manage these entries effectively. The proposed reform would specifically target the Tenth Additional Provision of the Immigration Law, which governs the special regime for the two autonomous cities.
Party officials emphasized that this legislative adjustment would be strictly limited to Ceuta and Melilla, where the unique geography and history of border pressure necessitate specific protocols. They clarified that the proposal would not extend to other regions, such as the Canary or Balearic Islands, where arrivals typically occur via boats rather than by swimming. The PP hopes to secure broad support in the Congress of Deputies to ensure that security forces can perform their duties with full legal certainty.
This move marks a significant step in the ongoing national debate regarding immigration policy and the balance between border security and human rights. As the proposal moves toward the legislative process, it is expected to draw scrutiny from various political factions and human rights organizations concerned with the implications of summary expulsions. The practical impact of the reform, if passed, would be to standardize the treatment of migrants regardless of whether they cross the fence or arrive by sea in these specific territories.