When the law arrives before the resources: Radiography of migrant regularization

PalmaThe extraordinary regularization process for migrant people promoted by the Spanish government is seen as a “historic” opportunity for tens of thousands of people in an irregular administrative situation in the Balearic Islands. However, jurists and legal professionals also warn of technical shortcomings and application difficulties that have generated uncertainty and occasional collapses in the first few days.

At the Legal Clinic of the University of the Balearic Islands, law students on internships, collaborating lawyers, and faculty are working intensely to guide people interested in joining the process. Other associations such as Càritas and Laissez Passer also offer advice on the process to these individuals. Most have been residing in Spanish territory for years in an irregular situation, often in contexts of vulnerability or risk of social exclusion.

Given the avalanche of queries, the service has had to reorganize. The usual individual sessions have given way to group meetings, both at the Monti-sion Foundation in Palma and at the Pa i Mel Foundation in sa Pobla, where the requirements, necessary documentation, and steps to follow are explained. “The goal is for the maximum number of people to be able to regularize their situation and leave here with a solution”, explains the coordinator of the Clinic, Sebastià Arbós.

Illusion and uncertainty

Professionals detect a dual sentiment among people approaching them: excitement about the possibility of regularizing their situation and, at the same time, concern about not arriving in time or encountering administrative obstacles. According to the director of the Clinic, Margalida Capellà, they have also received complaints about a lack of institutional support at certain times during the process. These demands are added to the complaints made by officials from the Social Services of the Palma City Council a few days ago, who stated they had received political orders not to reinforce citizen services.

However, legal professionals view the measure positively. “Through the ordinary channels, regularization is much longer and more complex,” they point out. They also emphasize the direct impact it can have on people's lives: “Lacking papers is a form of social exclusion.”

Unforeseen requirements and bottlenecks

One of the main difficulties detected is the appearance of requirements not initially foreseen. Specifically, the obligation to prove the situation of vulnerability in certain cases has generated a sudden increase in the demand for certificates. This fact explains, according to Arbós, the long queues registered in some citizen service offices, especially in Palma. “Many people had been advised to prepare documentation in advance, but this requirement appeared suddenly and many people had to request it”, he explains.

Experts also point out that this requirement was not included in the initial drafts of the law, which has contributed to the initial disorganization. Nevertheless, Arbós is understanding with the city councils: “Municipal workers did not expect this volume of applications”.

Lack of collaborating entities

This situation is compounded by the lack of accredited collaborating entities to issue certificates. Until a few days ago, these documents could only be issued by city councils. Recently, the Ministry of Inclusion has recognized the Monti-sion Foundation and the Community of Oblates of the Most Holy Redeemer, both from Palma, as collaborating entities, and it is expected that others will join soon, which could ease the process.

Cases of possible discrimination

Lawyers also warn of situations of comparative disadvantage. Specifically, people who started a regularization process months ago through the ordinary route – more demanding and still pending resolution – cannot benefit from certain advantages of the new procedure, such as the possibility of including children in the same application.

“This generates a clearly discriminatory situation,” they point out. “People who have followed the legal route for months may be left behind compared to those who are now availing themselves of the extraordinary process.” In this regard, they propose that the State provide mechanisms to integrate these cases.

Obstacles to family unity

Another common difficulty is to prove family unity, an alternative requirement to vulnerability. Many people are not registered, the easiest way to demonstrate this link, often due to housing access difficulties and the lack of formal rental contracts.

Lack of coordination and information

Experts also miss more information and tools for professionals who have to accompany people during the process. They propose the creation of a specific body that centralizes criteria and resolves doubts, similar to what the Electoral Board does in electoral periods.

Although the deadline for submitting applications ends on June 30, jurists anticipate that the procedure will be extended for several months, as each case will have to be analyzed individually and then a period of allegations will be opened. In addition, August is administratively inhospitable. According to Capellà, it would have been necessary to foresee a structural reinforcement of human resources to face the volume of work, possibly through an extraordinary device similar to a public offer.

Despite all these difficulties, professionals are confident that the process will meet its objective and allow the regularization of the maximum number of people possible. “It is an opportunity that can change lives”, they conclude.