The Community of Madrid has initiated proceedings to challenge before the Constitutional Court a Royal Decree Law that modifies the Immigration Law to alter the distribution of unaccompanied migrant minors.

This decree follows an agreement between the political party Junts and the government led by Pedro Sánchez.

Regional Government spokesperson Miguel Ángel García stated that the decree "violates constitutional provisions" and encroaches on the competencies of autonomous communities, as the care and reception of these minors fall under their jurisdiction.

Isabel Díaz Ayuso, President of the Community of Madrid, becomes the first regional leader to file such a challenge.

Other members of the Popular Party, including Alfonso Fernández Mañueco, the president of the Junta de Castilla y León, have also expressed intentions to oppose similar measures.

The Spanish government approved the Royal Decree Law 2/2025 on March 18, which outlines the reallocation of approximately 4,400 unaccompanied minors arriving in pressured areas such as the Canary Islands, Ceuta, and Melilla.

The Community of Madrid has instructed its General Counsel to formally contest the decree.

García criticized the central government, asserting that it cannot unilaterally decide the accommodation of these minors.

The decree has attracted criticism for purportedly undermining the constitutional principle of solidarity between administrations and for potentially infringing on the rights of the minors, citing that they would be reallocated based on "subjective quotas, purely political" in nature.

The General Counsel of the Community of Madrid has reported that the Royal Decree Law "violates several provisions" of the 1978 Constitution and is "unconstitutional due to encroaching on the exclusive responsibilities of the regional government".

The initial reception and accommodation of foreign minors is stipulated to be under the purview of the autonomous communities that have adopted such responsibilities in their statutes for the protection and guardianship of minors.

Additionally, it argues that the decree compromises the fundamental rights of these minors by reallocating them according to subjective quotas without prioritizing their care.

The community’s legal appeal also emphasizes the "inappropriate use of the Royal Decree Law" mechanism, suggesting that such legislative changes should be undertaken through an Organic Law, due to their implications for citizen rights and responsibilities.

The appeal points to a "lack of justification" for the distribution criteria and notes that the measures were enacted without consultation with the autonomous communities.

The Royal Decree Law also acknowledges that the immigration issue has persisted for at least eight years, raising further questions about the urgency of these legislative changes.