Spain's Supreme Court questions EU legality of migrant regularization as deadline expires with over 1.2 million applications

Legal challenge emerges

Spain's Supreme Court has opened a preliminary procedure to potentially refer a question to the Court of Justice of the European Union over the compatibility of the government's extraordinary regularization decree with EU law. In a ruling dated 24 June, the court's contentious-administrative chamber identified six areas where the Spanish measure may conflict with the EU's Migration and Asylum Pact and related regulations. The decree, in force since 14 April, grants residence permits to asylum seekers whose applications were denied or archived, and to undocumented migrants who were living in Spain before 1 January 2026.

The regime of 'regularization' approved by the Government raises doubt as to whether it could come into collision with European Union norms.

The court highlighted that the EU pact was already in force when the Spanish decree was approved, even though its application began on 12 June. The judges argue that the decree's automatic conversion of a right to stay during asylum proceedings into a full residence permit, and the absence of prior notification to the European Commission, may breach common EU procedures. The governments of Aragon and Valencia, which brought the initial appeals, have been invited to present arguments before a possible referral to the EU court.

Applications far exceed forecasts

By Monday evening, more than 1.2 million people had applied for regularization, according to police union estimates. The government had initially projected around 500,000 potential beneficiaries. In Córdoba alone, the number of applications reached nearly 10,000, double the local forecast. The surge reflects both the difficulty of counting irregular residents and the intense demand for legal status.

The final hours saw queues at immigration offices, post offices and social security centres as applicants rushed to meet the midnight deadline on Tuesday.

Bureaucratic bottlenecks

Despite the high number of submissions, many migrants have encountered obstacles in completing their paperwork. The need for a valid passport, a notarial apostille, and a criminal record certificate from countries of origin has left some unable to finalize their applications. Mohamed, a Guinean national, noted that many of his compatriots lack these documents. Victoria Columna, a spokesperson for the Regularización Ya movement, said some intermediaries charged between 1,000 and 1,500 euros for assistance, exploiting the urgency.

How am I going to regularize if I don't even have a passport?

NGOs have called for an extension of the deadline to prevent expulsions, while the Ministry of Migration has said applicants must at least prove they have requested missing documents. For those whose applications were admitted, such as Salvadoran Melvin Alexis Serrano, the wait continues. He has had dozens of job interviews but cannot sign a contract without the physical residence card.

I've had 30 or 40 job interviews in these two months and they all ask for the foreigner ID number that hasn't arrived.

Political and economic context

The regularization process has drawn support from business groups, who see it as a response to demographic decline, and criticism from EU partners. Prime Minister Pedro Sánchez has described it as a "historic" and "just" decision. He plans to preside over an event on Tuesday marking the end of the application period. The editorial in El Periódico notes that while the government frames the move as humanitarian, it fundamentally addresses the need for workers in an aging society.

With the application window closing and legal uncertainty mounting, the coming weeks will determine whether the decree stands, is suspended, or is referred to European judges.