Top Spanish court rules pushback of minors to Morocco in 2021 was illegal

By Alyssa McMurtry

OVIEDO, Spain (AA) – Spain’s Supreme Court ruled on Monday that the country’s government broke the law in 2021 when it returned around 1,500 underage migrants to Morocco.

The court reviewed how Spain dealt with minors in the aftermath of a mass border crossing in May, when some 12,000 migrants crossed into the Spanish enclave of Ceuta, mostly by swimming over two days.

While the court acknowledged that the situation was an “extraordinary challenge” for both Spain and the local government in Cueta, it ruled that Spanish authorities completely disregarded the requirements of Spanish migration law and European human rights law.

Three months after the massive influx of migrants, Spanish authorities began sending the around 1,500 minors who irregularly crossed into Spain back to Morocco in August.

According to the Supreme Court, Spain’s actions were illegal because they did not offer individual administrative procedures, hearings for minors, or other resources specified in the law.

Further, it confirmed that the minors’ rights were violated because Spanish authorities did not assess their interests or check their individual circumstances before sending them back. This, the court found, could have placed them in danger of serious physical or psychological harm.

The case was brought forward on behalf of eight Moroccan minors. Previous similar decisions by lower courts had been appealed by lawyers representing Spain and Ceuta.

While the case focused on minors, the Supreme Court added that all collective expulsions are illegal under European human rights law.

In May, after the rush on the Spanish border, most of the adult migrants were pushed back to Morocco within a few days of the incident.

The mass border crossing came during a diplomatic spat between Spain and Morocco. The month prior, Spain was secretly treating Brahim Ghali, the leader of the group that claims authority over the Western Sahara, in a hospital.

Once Moroccan authorities found out, they were furious and said Spain would face the consequences.

Shortly after, Moroccan border guards reportedly stood aside while thousands of people poured across the border in May. The vast majority reached Spanish territory by swimming to a nearby beach in Ceuta.

In the wake of the crisis, the Spanish government agreed to back Morocco’s position on the independence of the Western Sahara.

However, Spain’s Supreme Court ruled that Morocco’s actions did not absolve Spanish authorities of their obligation to fully comply with the law.