Spain’s Supreme Court has issued its ruling on the new Immigration Regulation, confirming the validity of the reform as a whole. Although the Court partially upheld the appeal brought by several organizations defending the rights of migrants and annulled a number of specific provisions, the overall framework of the Regulation remains in force.

Among the most significant changes, the ruling strengthens the protection of foreign minors by striking down certain restrictions affecting residence authorizations and reaffirming the obligation of public authorities to provide immediate assistance to unaccompanied foreign minors. It also removes the possibility of automatically refusing certain residence authorizations solely on the basis of criminal records, requiring the authorities to carry out an individual assessment whenever protected family rights or situations involving EU citizenship are at stake.

The judgment also annuls the prohibition preventing temporary work agencies from recruiting foreign workers for seasonal employment and declares unlawful the general obligation requiring certain foreign nationals to communicate exclusively through electronic administrative procedures.

At the same time, the Supreme Court upholds some of the key elements of the Regulation, including the restrictions on access to residence through arraigo for applicants for international protection while their asylum applications remain pending, as well as the new framework governing the residence of family members of Spanish citizens.

Overall, the ruling introduces important adjustments to specific provisions of the Immigration Regulation while confirming that the reform and its overall structure remain fully in force.

Source: Tribunal Supremo (Poder Judicial). El Tribunal Supremo anula varios aspectos del nuevo Reglamento de Extranjería, pero avala su estructura general.

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