Spain's Supreme Court bans immediate return of migrants swimming to Ceuta

The Spanish Supreme Court issued a ruling, effective 8 July, that prohibits the practice of “hot returns” for migrants who reach Ceuta or Melilla by sea. Those intercepted must now undergo the standard deportation process with full administrative safeguards, as the court rejected the government's claim that maritime borders should be treated like land borders for immediate expulsions.

Security forces fear the decision could trigger a “call effect.” In 2025, 21 migrants drowned while attempting the crossing, equaling the total deaths recorded in all of 2024, and 46 bodies were recovered – the highest yearly figure to date. Moroccan authorities recently foiled an attempt by more than 100 people to swim to Ceuta, and earlier this year two young Moroccan men drowned en route. Guardia Civil officials warned that the ruling may encourage smugglers to urge migrants to use life jackets and drift with the current, potentially raising the death toll.

The rise in fatalities has drawn attention to the broader humanitarian crisis at the Strait of Gibraltar, where the influx of people seeking entry to Europe continues to grow.