The European Commission has expressed strong reservations over Spain’s decision to grant legal status to approximately 500,000 undocumented migrants, warning that the move could conflict with the European Union’s broader migration strategy and potentially impact the Schengen Area.
Spain Announces Large-Scale Migrant Regularisation
The Spanish government, led by Prime Minister Pedro Sánchez, announced the initiative at the end of January 2026. The policy applies to undocumented migrants who entered Spain before December 31, 2025, and who have either lived in the country for at least five months or applied for asylum before the end of 2025.
Under the new decree, eligible migrants will receive a one-year residence permit and full access to Spain’s labour market. Spanish Migration Minister Elma Saiz stated that the measure aims to support economic growth and social cohesion, addressing labour shortages while integrating migrants into the formal economy.
Brussels Voices Concern Over EU Policy Alignment
Despite Spain’s domestic objectives, EU officials have voiced concern that the policy contradicts the bloc’s current efforts to deter irregular migration. According to sources in Brussels, the large-scale regularisation risks sending a conflicting message compared to the EU’s stricter migration framework.
One major concern highlighted by EU officials involves freedom of movement within the Schengen Area. Once regularised, migrants may legally travel across EU countries for up to 90 days within any 180-day period, potentially encouraging secondary migration and residency attempts in other member states.
European Parliament to Debate Migration Policy Impact
EU Commissioner for Internal Affairs and Migration, Magnus Brunner, is expected to address the issue during a European Parliament debate titled “Spain’s large-scale regularisation policy and its impact on the Schengen Area and EU migration policy.” While acknowledging that migration policy remains partly a national responsibility, Brunner has avoided direct criticism of Spain’s decision.
EU Tightens Migration and Asylum Rules
Spain’s move comes as the European Union continues to implement stricter migration policies under the recently approved EU Pact on Migration and Asylum. Key elements of the EU’s approach include:
- Expanding the “third safe country” concept, allowing asylum applications to be rejected if migrants can be relocated to safe third countries.
- Introducing a fast-track asylum process for applicants from designated “safe countries of origin,” including Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, Tunisia, and several EU candidate states.
- Proposing a new “return regulation”, enabling deportation of irregular migrants to third countries that maintain bilateral agreements with EU member states.
These measures aim to reduce irregular migration flows and increase deportation rates, aligning migration policies across the Schengen Area.
Human Rights Organisations Criticise EU Approach
Several civil society organisations, including Amnesty International, Human Rights Watch, and Save the Children, have criticised the EU’s migration framework. These groups argue that stricter asylum rules and border procedures risk undermining human rights protections and limiting access to international protection for vulnerable migrants.
Growing Policy Divide Within Europe
Spain’s decision highlights deepening divisions within the EU regarding migration management. While some member states prioritise integration and labour market participation, others support tighter border control and stricter asylum procedures.
As the European Parliament prepares to debate the issue, Spain’s policy could become a major test case for balancing national migration policies with collective EU strategies, potentially shaping future discussions on migration governance across the bloc.
