Migration management and jurisdictional disputes in Canary

Efforts to manage migration in the Canary Islands have faced legal and procedural hurdles. A recent report indicated that 541 unaccompanied migrant minors remained in the archipelago after transfer attempts to other Spanish autonomous communities failed. These delays were attributed to legal challenges from the minors regarding their social ties to the islands, as well as interventions by the Prosecutor’s Office concerning the age of certain individuals. Since the transfer program began last year, 2,273 minors have been successfully moved to other regions. Transfers have utilized three main legal pathways: Supreme Court orders regarding international protection, provisions of the modified Immigration Law, and an ‘express route’ for minors arriving after the August 29 migration contingency declaration. Data suggests that for every five minors transferred, one remains in the islands despite having an active transfer procedure. Adding to these challenges, the European Council on Refugees and Exiles (ECRE) warned that the implementation of the European Migration and Asylum Pact could jeopardize the rights of vulnerable migrants. The ECRE noted that maintaining procedural guarantees will be a “monumental challenge,” specifically highlighting risks such as delayed access to asylum information, bottlenecks in protection requests, and difficulties with interpretation services. Jurisdictional disputes have intensified between regional and central governments. Following a meeting between Social Welfare Counselor Candelaria Delgado and Minister Elma Saiz, no agreement was reached regarding the triage process for unaccompanied minors. Regional officials argue that triage is an exclusive State responsibility under the European Pact on Migration and Asylum. The Canary Islands administration has threatened to escalate the dispute to the Supreme Court if the central government does not assume these legal and administrative duties. Furthermore, representatives from the Canary Islands, Ceuta, and Melilla are demanding a direct voice in EU migration policies.