Madrid Times

España Viva: Your Window to Madrid and Beyond
Sunday, Mar 09, 2025

Navigating Legislative Waters: Spain’s Foreigners Law Reform and Its Political Implications

The debate over Article 35 exposes underlying tensions in Spanish political alliances amid migration pressures.
As Spain grapples with escalating migration pressures, the focus has shifted to the nation's legislative response—or lack thereof.

At the heart of this debate is Article 35 of the Ley de Extranjería (Foreigners Law), a provision that Minister of Territorial Policy, Ángel Víctor Torres, insists must be reformed to mandate solidarity in the distribution of unaccompanied minor migrants across regions.

Torres' call for clarity from the Partido Popular (PP) to commit to reforming this legal framework sets the stage for the upcoming Conference of Presidents in Santander.

Despite previous concessions to the PP’s demands, Torres criticizes the party’s continual shifts in requirements, which have stalled negotiations.

The urgency of this legislative reform is highlighted by the severe migratory pressure faced by regions like the Canary Islands and Ceuta.

Yet, negotiations have reached an impasse.

“The key issue is whether the PP stands by amending Article 35,” Torres reiterated, noting that without support, additional proposals are moot.

Friday's Conference, however, may offer a turning point.

The Canary Islands, aligned with regional legislative parties excluding Vox, will present a unified front on the matter, with Canary President Fernando Clavijo planning to introduce a proposal built on broad political consensus.

The crux of the controversy lies in the decentralized nature of Spain’s autonomous communities.

Torres points out that, unlike adults, the distribution of minors remains within regional purview.

Madrid's president, Isabel Díaz Ayuso, has signaled a constitutional challenge should any obligatory reform be set in motion.

The central government's proposition to modify the law and embed obligatory solidarity was recently quashed in parliament, despite backing from a majority of its coalition partners.

The opposition from Vox, Junts, and notably, the PP, signals complex political dynamics as Spain confronts its migration management challenges.

As the debate advances, Spain must reconcile regional competencies with national obligations in managing migration—a test of the country's resolve in an era of heightened geopolitical and humanitarian sensitivity.

The question remains: can Spain align its fractured legislative landscape to meet these demands?
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