The EU Remains Silent on Spain’s Mass Regularization Decree

A ‘cayuco’ boat from Senegal with 136 migrants arrives after being rescued at sea, on the Canary island of El Hierro, on November 28, 2024. Spain is on the front line of the continent’s migration crisis, with tens of thousands of irregular arrivals landing in the Canary Islands archipelago off northwestern Africa.

Antonio SEMPERE / AFP

Does anyone believe there won’t be a new and historic pull factor that will generate new migration crises at European borders?

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Defense issues are now the dominant topic in the EU. Social Democrats and Christian Democrats agree that they are very afraid of someone, but it’s useless to ask them who or what—they don’t know. One of the paradoxes of this languishing EU is that it is desperate to arm itself to defend against an imaginary enemy, yet it is incapable of using the means it already has to fight the real, tangible enemy: the silent invasion of illegal immigrants.

Now Pedro Sánchez has announced that Spain will regularize half a million of these illegal immigrants, and still no one in Brussels has raised their voice. The measure is yet another attempt by the socialist emperor to perpetuate his power, turning his back on the interests of the Spanish people. Under this law, all those who can prove they lived in Spain before December 31, 2025, with five months of continuous residence, will be regularized. This also includes applicants for international protection, even if their application has currently been denied. The only requirement is not having a “relevant” criminal record, although in Spain we don’t put much faith in what “relevant” means to Pedro Sánchez. In any case, the government is willing to accept just a “sworn statement” that they are not criminals, or at least not particularly troublesome, under the pretext that it’s unlikely undocumented immigrants will bring criminal record certificates from their countries of origin.

As for proof of residence, a registration certificate, a rental agreement, or a transport ticket will suffice. Proof of money transfers from Spain to the country of origin is also acceptable; I imagine the tax agency won’t pay the slightest attention to the details of the transfer, nor will the Ministry of Labor investigate how that money was earned while under illegal status. Both the tax agency and the Ministry of Labor reserve their strict controls exclusively for Spanish citizens.

Let’s remember that Spain is currently in the midst of a historic infrastructure crisis, with growing insecurity on the streets, overwhelmed social services, and a very serious housing problem. Mass regularization will worsen everything, but Sánchez is likely counting on someone else to manage the collapse by then.

Spaniards can no longer afford to move out of their parents’ homes, yet Sánchez showers immigrants with aid to make ends meet, for rent, to obtain social housing, or to stay in luxury hotels if they are unaccompanied minors.

The proposal to regularize immigrants originated with his coalition partners, the communists of Podemos, who are seeking to win over future immigrant voters now that they are irrelevant in all polls; in reality, Sánchez has electorally absorbed the communist parties by pushing the PSOE to the far left.

The government announced this now, in the midst of a reputational crisis, with newspapers and television full of stories showing that the Ministry of Transport is responsible for the poor condition of the railway line where 45 people died and more than 150 were injured on January 18. The media storm was devastating for Sánchez because the remodeling of the damaged section—which we now know was not fully renovated—was awarded during the period of corruption schemes in public works contracts, with the help of his trusted ministers.

That is the main reason for announcing it this week: to give the public a controversy so big that it shifts the focus from the train accidents to the issue of immigration. Sánchez knows very well which debates polarize and divide—and therefore benefit him—and which unite everyone against the government, such as claims that socialist corruption causes fatalities over time.

The government lacks parliamentary support to pass its regularization plan. They face VOX, and this time also the PP. Not even all of their nationalist partners look favorably on the idea; remember that Catalonia is besieged by the lack of public security caused by an absolutely uncontrolled influx of Arab immigrants. Therefore, the only way the proposal could pass is through the constitutional mechanism of the so-called decree law.

Article 86 of the Spanish Constitution stipulates that the government can issue decree laws in cases of urgency, which must be submitted to Congress within thirty days for ratification or repeal. In practice, the decree law allows the government to avoid having to revise its bill in committee and debate it in Congress. In other words, it spares the inconveniences of democracy in the eyes of a president convinced he is a bad Roman emperor.

Thus, initially, the government approves the law immediately, in its entirety, and without discussion. In theory, Congress can block it later, but this has only happened eight times throughout the entire democratic period, out of the hundreds of decrees presented. Often, the decree is like a sack of disparate measures that must be approved en bloc, allowing the government to demagogically point the finger at those who vote against it. The clearest example of this occurred this week. Sánchez approved an ‘omnibus’ decree law that included the revaluation of pensions, but into which a host of laws on the most varied matters had been surreptitiously inserted, including a regrettable extension of the suspension of evictions, which the squatters’ movement celebrated enthusiastically. The PP, VOX, Junts, and UPN voted against the decree because of the evictions, and it failed. However, Sánchez then accused the right wing of being against pensioners, without even mentioning the issue of squatters.

Parliamentary democracy has practically disappeared during Sánchez’ eight years in government. The function of Congress, beyond rhetoric, is irrelevant, because the government pushes through everything it wants via decree laws. Sánchez holds the record for using them, with over 150 decree laws presented. No president in Spanish democracy has acted so dictatorially. Although it is an exceptional measure, Sánchez has resorted to it an average of 24 times a year, while Rajoy, Aznar, and Zapatero did so 16, 16, and 14 times respectively. Logically, since an absolute majority makes decree laws unnecessary, and Sánchez has never achieved an absolute majority, he remains in power supported by a conglomeration of fringe parties: communists, nationalists, Catalan separatists, and the political heirs of ETA, who only share a hatred of Spain, of what Spain represents, and of Spaniards who don’t vote for them, who are the overwhelming majority.

Returning to Europe, the EU lacks effective legal mechanisms to halt the reckless immigration policies of its members, though it does possess von der Leyen’s favorite weapons: political pressure, coercion, and economic threats. Shouldn’t she use them this time? Does anyone believe the half a million undocumented immigrants granted legal status will stay in Spain? Does anyone believe there won’t be a new and historic pull factor in Islamic countries that will generate new migration crises at European borders?

I read that Mette Frederiksen has suddenly grown eager to remilitarize Europe. In Brussels, they have been insisting for some time that we must defend ourselves, that the threat is great and imminent, and that even the Left now wants to fill everything with soldiers and disavows John Lennon’s “Imagine.” All this isn’t a response to the Chinese or Russian threat, nor even to the constant fear of a jihadist attack. European bureaucrats have suddenly grown anxious because they fear Donald Trump, the only one against whom, in any case, they will never be able to defend themselves, even if we all return to mandatory military service.

This is one of the reasons why the disconnect between Brussels and European citizens is greater than ever. In neighborhoods teeming with immigrants, in public services overflowing with foreigners, and in all the places frequented by the European middle class, Trump poses no threat. The only reason to worry about defense is the lack of public safety on the streets caused by the suicidal and irresponsible European immigration policy that social democrats, Christian democrats, and communists have been promoting hand in hand for years. At the European level, Sánchez would fall more into the communist category.

Itxu Díaz is a Spanish journalist, political satirist, and author. He has written 10 books on topics as diverse as politics, music, and smart appliances. He is a contributor to The American Spectator, The Daily Beast, The Daily Caller, National Review, First Things, American Conservative, The Federalist, and Diario Las Américas in the United States, as well as a columnist at several Spanish magazines and newspapers. He was also an adviser to the Ministry for Education, Culture, and Sports in Spain. His latest book, I Will Not Eat Crickets: An Angry Satirist Declares War on the Globalist Elite, is available now.

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