Spanish Supreme Court bars ‘hot returns’ for sea‑intercepted migrants

On 29 June, Spain’s Supreme Court (Sala Tercera de lo Contencioso‑Administrativo) ruled that the additional tenth provision of the Immigration Law does not apply to migrants intercepted at sea who attempt to reach the Spanish enclaves of Ceuta or Melilla. The court therefore rejected the use of “devoluciones en caliente” – immediate expulsions at the border – for such cases, stating that ordinary return procedures under the Organic Law 4/2000 must be used instead.

The decision arose from a case involving an Algerian national who was seized on 14 November 2024 while trying to swim into Ceuta. The court aligned its interpretation with previous rulings of the Constitutional Court, confirming that the special “border‑rejection” regime is limited to land‑based border crossings. The ruling changes the legal framework for handling maritime migrant interceptions and is expected to affect Spain’s enforcement policies in Ceuta and Melilla.

Legal experts note that the judgment may lead to longer processing times for migrants intercepted at sea, as they will now be subject to the standard administrative return process rather than immediate expulsion.