Spain’s two largest rightwing parties, Vox and the People’s Party (PP), and several autonomous communities (AC’s) have petitioned the nation’s Supreme Court to cancel the government’s amnesty and regularization program for undocumented migrants. This is not the first migrant amnesty in Spain’s history (five Spanish governments over the last 40 years have carried out amnesties, including two conservative governments), but using migrants as scapegoats for the economic failures of Western governments is currently a big political vote-getter for some.
In May, the Supreme Court rejected the request for a preliminary injunction filed by the Vox Party and the Madrid AC, but on June 30, El Pais reported that in response to a different filing by the Aragon and Valencia AC’s, the Supreme Court now “is considering” asking the European Union and the Court of Justice of the European Union (CJEU) to rule on the program. The Court has not made the decision to do so, according to the court documents seen by El Pais, but it has raised the possibility of asking the CJEU to clarify whether Spanish regulation violates the 2024 EU Migration and Asylum Pact, and the European Union authorities to rule if the amnesty granted is too broad in scope, and if—this is a big one—the migrants who receive work visas in Spain under the amnesty will have the right to travel to other European nations within the visa-free Schengen Area.
The Sanchez government’s program is delimited. Undocumented migrants were allowed to file for work-visas between April and June 30. That opportunity has now ended, and the government is reviewing each application to approve those who meet the required criteria: no criminal record, and having lived in Spain for five consecutive months before January 2026. Those who are approved, will receive one-year, renewable residence permits which allow them to work only in Spain.
