Irregular migration discrimination in Spain has become a central issue in legal and political debate, particularly in relation to claims of unequal treatment and the constitutional limits of the principle of equality.
Spain is once again facing a sensitive and recurring issue: the legal regularisation of foreign nationals who are in the country without valid residence permits. The Government has presented a proposal to amend the Immigration Regulation that would introduce new exceptional residence permits, potentially affecting a very significant number of people.
Below is a clear legal summary of the proposal, followed by a professional and personal reflection based on practical experience in immigration law.
1. What does the proposed reform aim to do?
The proposal amends Royal Decree 1155/2024, introducing two new transitional provisions that would allow certain foreign nationals who are already in Spain before 31 December 2025 to apply for residence permits on exceptional grounds proy ley modif rgto extranj reg….
a) Regularisation linked to asylum applications
An extraordinary pathway is created for individuals who have applied for international protection (asylum), whether their application is pending or has been rejected. These individuals may apply for a residence permit based on exceptional circumstances (arraigo), provided that they:
- Are physically present in Spain
- Have no relevant criminal record
- Do not pose a threat to public order, security, or public health
- Meet the general immigration requirements
This permit may be applied for until 30 June 2026 and allows the applicant to reside and work, even provisionally, while the application is being processed proy ley modif rgto extranj reg….
b) Assessing Claims of Irregular Migration Discrimination in Spain. A single exceptional residence permit for irregular migrants
The proposal also introduces a one-off exceptional residence authorisation for individuals who:
- Have remained continuously in Spain for at least five months
- Are in an irregular administrative situation
- Can demonstrate employment, family links, or social vulnerability
- Have no criminal record and no entry ban
This permit would initially be granted for one year, with the possibility of renewal in certain cases, and would allow the holder to live and work anywhere in Spain proy ley modif rgto extranj reg….
2. Irregular Migration Discrimination Spain: Legal and Constitutional Debate. Practical impact of the measure
From a legal and administrative perspective, the proposal would result in:
- A large-scale, exceptional regularisation process
- The suspension of deportation or return procedures while applications are pending
- A clear policy focus on labour and social integration of individuals already present in Spain
Public estimates suggest that up to 500,000 people could potentially benefit from these measures, highlighting the true scale of the reform.
3. Legal rationale and final considerations
Regulatory Justification for Extraordinary Residence Authorisations
According to the draft regulation, the introduction of these extraordinary residence authorisations is justified by a combination of structural, social, and administrative factors affecting Spain’s migration system.
Structural and Policy Factors Underpinning the Regulation
In particular, the regulation expressly refers to:
- The growing intensity of international migration flows, driven by geopolitical instability, armed conflicts, institutional fragility in countries of origin, and climate change.
- Spain’s transformation from a transit country into a primary destination country, due to its geographical position and perceived economic and social stability.
- The need to provide legal certainty to foreign nationals who are already present in Spain and who maintain strong social, family, or labour links with the country.
- The objective of ensuring effective access to rights and duties, facilitating integration and participation in the formal labour market.
- The intention to improve administrative coherence by aligning existing irregular situations with an appropriate legal status, while safeguarding public order and security through criminal record checks.
Exceptional and Time-Limited Nature of the Measures
Moreover, the regulation frames these measures as exceptional and time-limited…, expressly avoiding their characterisation as permanent mechanisms, and emphasises their compatibility with constitutional principles, administrative good practice, and Spain’s international commitments.
Irregular Migration Discrimination Spain: Political and Legal Perspectives
From this perspective, irregular migration discrimination Spain is framed by some political actors… as a consequence of administrative status rather than unlawful differential treatment.
At this stage, therefore, the practical and legal impact of these extraordinary authorisations will depend… on their final wording, administrative implementation, and interpretative criteria applied by the authorities. It is therefore necessary to wait and assess how the regulation is applied in practice before drawing broader conclusions.
Constitutional Equality and the Doctrine of No Equality in Illegality
However, some left-wing political sectors in Spain argue that people in an irregular administrative situation and certain groups of refugees are subject to structural discrimination precisely because of their lack of legal status; however, from a legal standpoint, the Spanish Tribunal Constitucional has reaffirmed in Sentencia 66/2024 that the constitutional principle of equality applies only to persons in legal situations that are substantially comparable, meaning that “there is no equality in illegality” as such, since the Constitution does not require identical treatment of fundamentally different legal statuses and the prohibition of discrimination operates within the scope of comparable legal circumstances (as clarified in constitutional jurisprudence).
Ultimately, the debate on irregular migration discrimination Spain must be assessed… in light of constitutional doctrine and the limits of equality under Spanish law.
Political Interpretations and Strategic Considerations
In this context, it is also worth noting the opinion expressed by a Polish Member of the European Parliament, who has suggested that the extraordinary regularisation may be driven not only by social considerations, but also by political strategy, insofar as it could serve to consolidate electoral support for the current government. You can see his opinion in this link.
Next steps and legal guidance
As the proposed regulation is still subject to approval, amendment, and administrative interpretation, its final scope and practical application remain uncertain.
Foreign nationals who believe they may potentially be affected by these measures — or who are currently in an irregular or transitional situation — are advised to stay informed and seek early legal guidance. A preliminary review of individual circumstances can help identify possible eligibility, assess risks, and prepare documentation in advance should the regulation enter into force.
Careful case-by-case analysis will be essential once the final text and implementation criteria are confirmed. Until then, monitoring developments and planning ahead remains the most prudent approach.
Some othe information on immigration issues you can check in here.