Court Restricts Deportation from Ceuta and Melilla

The Spanish Supreme Court has clarified the legal framework surrounding the "immediate return" of migrants, ruling that this measure does not apply to individuals intercepted at sea while attempting to swim to the Spanish enclaves of Ceuta and Melilla. The court affirmed that migrants apprehended in maritime areas are entitled to the legal safeguards outlined in the foreigners' law.

These guarantees include the right to legal assistance and the possibility of applying for international protection. The Supreme Court's Fifth Chamber upheld earlier judicial decisions that found immediate returns from the sea to areas near the occupied territories lacked legal basis, as they bypassed established legal procedures. The ruling stems from a November 2024 incident where Spanish authorities intercepted an Algerian migrant and two others attempting to swim to Ceuta, subsequently handing them over to Moroccan authorities. The migrant challenged this action, arguing it violated legal procedures and seeking compensation and return to Spain.

Previous judgments by the courts of Ceuta and the High Court of Andalusia had already established that the "border rejection" system does not cover individuals intercepted at sea. The Supreme Court's final ruling reinforces this, specifying that the tenth additional provision of the foreigners' law applies only to individuals apprehended while attempting to cross physical border barriers, such as fences in Ceuta and Melilla, not to sea crossings. The court noted that while technological surveillance tools like drones and cameras aid in monitoring, they do not constitute physical barriers preventing border crossing. It also left open the possibility of future maritime containment measures if physical barriers are established at sea.