Governing Council

The Government returns to the courts against the distribution of migrant minors from the Canary Islands

The Executive questions before the Supreme the criteria used by the State to raise from 406 to 434 the number of minors that the Islands must accommodate

28/08/2026 - 15:19 h.

PalmaThe Government has once again challenged the distribution of minor migrants from the Canary Islands promoted by the Spanish executive. This is a new challenge presented by the Executive as part of its opposition to this process. In March 2025, it appealed to the Constitutional Court the reform of the Immigration Law that allows mandatory distribution. The same summer, it took the royal decree regulating the distribution protocol to the Supreme Court (and it was admitted for processing), and in September it challenged the royal decree that set 406 places as the ordinary capacity for the Balearic Islands. It has also attempted to stop at least three specific transfers of minors to the Islands before the Court of First Instance of Las Palmas. Now, the Executive has gone to the Supreme Court against the royal decree that raises the capacity of the Islands to 434 places.

The Governing Council has authorized the Community's Legal Service to do so, considering that the criteria for determining the ordinary capacity (from 406 to 434 places) are not "sufficiently justified". "Favorable treatment is given to some communities and unfavorable to others," it said. It also questions the State's competence to establish, through a royal decree, the ordinary capacity of the protection and guardianship systems for minors of all autonomous communities.

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In previous appeals, the Government has alleged that the protection of minors is an exclusive regional competence and that, in the plenary session of the Sectoral Conference on Childhood and Adolescence of May 5, 2025, the requirements for declaring a situation of extraordinary migratory contingency were not put to a vote.

Does not condemn the riots in Ceuta

On the other hand, Costa has avoided condemning the riots that took place this Thursday in Ceuta, when hundreds of people stormed and set fire to a migrant camp. The vice president said he shared the "despair" of the people of Ceuta. On the other hand, he called for calm, prudence, and responsibility "so that situations that could be regretted do not occur" in the face of the Spanish government's "inability" to manage the crisis.