The Supreme Court rejects the government's request to suspend the transfer of migrant minors.
The Court considers that the processing of the transfer files is still in the preliminary phase and that there is no urgent situation that justifies immediate action without a prior hearing.
PalmThe Supreme Court rejected the government's request for precautionary measures to suspend the transfer of unaccompanied minors. The decision, adopted on October 7, 2025, establishes that there is no urgent situation that justifies acting without the ordinary procedure and without a prior hearing from the defendant administration.
According to the resolution, the procedure for the transfer of minors is still in the processing phase, and there is no evidence that urgent action is essential to avoid possible harm to the protection of minors. The Court also emphasized that the mere initiation of administrative proceedings does not generate an immediate effect that could significantly affect the rights of the Autonomous Community, since any material action requires an administrative resolution that has not yet been issued.
The Supreme Court Chamber that issued this decision argues that, according to current legislation, urgent precautionary measures may be adopted without a hearing of the opposing party only when there is a "special urgency" that prevents following the ordinary procedure, a circumstance that does not exist in this case. The ruling also recalls that similar measures have been denied in previous cases, highlighting the lack of evidence of urgency that justifies immediate action.
The appeal was filed by the Autonomous Community of the Balearic Islands against Royal Decree 743/2025, which regulates the protection and guardianship systems for unaccompanied foreign minors. The court's decision sets an important precedent in the area of judicial management, as it weakens the need to follow legal procedures and guarantee the right to judicial protection before taking measures with significant social and individual impact.
The Government warns that it will exhaust all legal avenues
Government sources questioned about this ruling insist that they will continue "using all legal avenues" to prevent the arrival of these minors. "We will exhaust all legal avenues at our disposal to try to stop the imposition of a distribution that ignores the overcrowding of the island's services for minors and the impossibility of accommodating them in decent conditions," they emphasize. They emphasize that, despite rejecting the injunctions, the Supreme Court must now respond to the request for injunctions in an ordinary manner, which the Executive also requested.
Similarly, they ask the Spanish government to "respond to the allegations regarding the proposed transfer of the first minors, and if they are not accepted, this request for a suspension of the injunction will also be requested."
