Spain's Supreme Court bans 'hot returns' of migrants intercepted at sea near Ceuta and Melilla
The Spanish Supreme Court has ruled that migrants intercepted at sea while attempting to swim to Ceuta or Melilla cannot be summarily returned to Morocco, and must instead be processed under standard immigration procedures.
The ruling confirms that the special border rejection regime, known as "devoluciones en caliente", applies only when migrants attempt to cross land border containment elements, not when they are intercepted in the water. The case involved an Algerian man who was handed over to Moroccan authorities after being intercepted at sea on 14 November 2024 while trying to swim to Ceuta with two others. Lower courts had already sided with the man, except on his claim for €6,000 in moral damages. The Supreme Court's decision establishes a binding legal precedent.
