Analysis of the proposal for the reform of the Immigration Regulation

In the Council of Ministers of 31st May 2022, it was agreed to authorize the Ministry of Inclusion, Social Security and Migration to urgently process a draft Royal Decree amending the Immigration Regulation. Urgent processing implies dispensing with some procedures (such as public consultation) and the reduction of deadlines for others, such as public information. 

On Friday 3rd June, the public hearing and information period was opened to collect contributions from civil society for 7 working days, until Monday 13rd June. A draft Royal Decree modifying 18 articles of the Immigration Regulation was submitted for public information, accompanied by the Regulatory Impact Analysis Report. 

4 KEY IDEAS OF SJM’S POSITION ON THE REFORM:

  • Many people remain outside the regulation: the utilitarian nature of the proposals leaves out the reality of forced migration. Furthermore, it does not put an end to the precariousness that exists in these sectors, it ignores elements of social inclusion that are not aimed at employment and it does not consider the lack of protection that is generated during the administrative processing times. 
  • It attempts to establish simpler and more agile immigration procedures, although with insufficient measures to allow for improvements in the short term. 
  • It broadens and makes the figures of “arraigo” (rootedness) more flexible, eliminating some barriers and creating a new figure of regularization.
  • It generates longer and more sustainable recruitment itineraries at origin for legal and safe migration, albeit circular – focused on employment and with an obligation to return to the country of origin. 

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