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Spain to debate blanket legalisation of its 500,000 undocumented migrants

Spain's parliament voted on Tuesday to debate an initiative which calls for the legalisation of all undocumented migrants living in the country.

Published: 10 April 2024 09:21 CEST

Spain to debate blanket legalisation of its 500,000 undocumented migrants

A Bolivian family queues at a social security office in Spain. (Photo by PHILIPPE DESMAZES / AFP)

The initiative, launched over three years ago by a group in defence of illegal migrants, was signed by more than 600,000 people and supported by some 900 associations.

It calls for the implementation of mechanisms that would allow undocumented migrants living in Spain to “leave a situation of invisibility and of ‘no rights'”.

“According to the most recent estimates, between 390,000 and 470,000 people are in an irregular situation in Spain, a third of whom are minors,” the text initiative said, although most media sourced put the figure at closer to 500,000.

Yet, “the criteria for obtaining a residence permit are very restrictive” and the procedure for obtaining a permit is “slow, bureaucratic”, the initiative added.

While the ruling Spanish Socialist Workers Party (PSOE) is in favour of parliament examining the proposed law, they remain cautious, saying European law does not allow for general legalisation of undocumented migrants.

But the backers of the initiative say that mass legalisation policies have been implemented several times over recent decades in the European Union, including in Spain.

PSOE politician Elisa Garrido said it was not difficult to “share… the laudable objective” of this initiative to “restore dignity and provide a regularised administrative situation to people who live in our country and have rights”.

The writers of the initiative say the current situation harms the “fundamental rights” of undocumented immigrants, who are not taxed, causing a “significant economic and fiscal loss” for Spain.

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Ley ELA: What is Spain's new neurodegenerative disorders law?

What is Spain’s ELA law?

La ley de ELA (ELA law) was initially created for (and named after) people suffering with Amyotrophic Lateral Sclerosis – a degenerative illness that affects around 4000 Spaniards.

The law has seen several iterations in recent months and drafts have been presented by different parties with different alterations and amendments.

It was originally put forward by the centre-right opposition Partido Popular to modify 2006 legislation on Personal Autonomy and Care for dependent persons, and included a specific set of changes for patients diagnosed with ALS, with the underlying aim of speeding up diagnosis and increasing benefits for care.

Why is legislation needed?

In Spain, it is estimated that there are over 1 million people and families affected by a neurodegenerative disease. Due to the characteristics of these disorders and the changing (namely ageing) demographics of Spanish society, their prevalence is increasing. Many struggle to get the appropriate care they need in a timely manner.

The ELA law aims to speed up these processes and better coordinate care between health and social services.

READ ALSO: Older and more diverse: What Spain’s population will be like in 50 years

With regards to ELA specifically, it has long been felt that further legislation was necessary to improve the lives and care of ELA sufferers.

“It is absolutely necessary and humanely essential. We cannot allow people to choose to die every day for economic reasons, when what they really want is to live,” said the Spanish ALS Association in March when previous proposals were put forward.

Why is it back in the news?

Essentially because various parties have put forward drafts and the government coalition of PSOE-Sumar has now made its own proposal, expanding the law beyond ALS suffers to include other neurodegenerative disorders, such as:

Alzheimer’s disease and other memory disorders.
Ataxia.
Huntington’s disease.
Parkinson’s disease.
Motor neurone disease.
Multiple system atrophy.
Progressive supranuclear palsy.

What does the government propose?

By expanding the scope of neurodegenerative disorders covered by the law, the Ministry of Social Rights wants to include the more than 1 million people in Spain who suffer from them, and to give them the benefits previously outlined for ALS sufferers.

In broad strokes, this means creating quicker responses so that people who have been diagnosed with neurodegenerative diseases and need care can be assessed and access, in the shortest possible time, the services and benefits available to them.

What will the law actually do?

According to a statement from La Moncloa, one of its main objectives is to “rationalise and reduce procedures as much as possible, to ensure that there is no significant time lag between the process of a disease and the response offered to sufferers by public administrations in all areas.”

The Health Ministry will also update the previous Approach to Amyotrophic Lateral Sclerosis, which dates back to 2017, to incorporate new goals and actions in the care of people with ALS.

Recommendations for the broader Neurodegenerative Diseases Strategy related to prevention, care and research will also be implemented.

It will include a review of the National Health System’s Portfolio of Services, within the Commission on Benefits, Assurance and Funding of the Inter-territorial Council of the National Health System, with regard to neuromuscular diseases, especially in the field of orthoprosthesis.

Coordination between health and social services will be improved, recognising the role of Spain’s regional health services in establishing the necessary coordination procedures so that patients can access multidisciplinary, continuous and “as individualised as possible.”

It will also introduce a benefit (bono social eléctrico) for family’s of neurodegenerative patients that are dependent on a machine connected to the grid.

When will it finally pass?

It’s unclear, despite the fact that most parties in the Spanish Congress are behind the legislation. The final bill should pass fairly easily, however, though it’s unclear when a final vote will actually be held.

Spain’s Minister for Social Rights, Consumer Affairs and Agenda 2030, Pablo Bustinduy, said this week he is “convinced” that it will be passed during this legislature, swearing that his department will do everything in its power “to achieve it” as soon as possible.

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