If the communities refuse to take in an unaccompanied migrant minor relocated from another territory, the professionals accompanying him/her may ask for help from the State Security Forces and Corps, who will inform the Prosecutor's Office and hand over the young person to the destination entity.
This is included in the decree developing the mechanism for the relocation of unaccompanied migrant minors that the Government plans to approve next Tuesday, July 22, in the Council of Ministers, according to sources from the Ministry of Youth and Childhood informed EFE.
This point was already included in the draft decree, which was submitted to public hearing and has not undergone substantial changes since then, the same sources confirmed.
This is the second regulation issued by the Government on this issue, after approving last March 18 the royal decree law that modified the immigration law to create this mechanism and try to respond to the critical situation in the Canary Islands, which serves in its resources to about 5,500 young people who have arrived alone to the islands.
This new model, which for the first time establishes the obligation for the communities to take charge as a whole of the young people who arrive in areas such as the Canary Islands, Ceuta or Melilla based on a series of criteria such as population or per capita income, has aroused great rejection from most of the communities.
In fact, ten governed by the PP and Castilla-La Mancha (PSOE) have appealed to the Constitutional Court the royal decree law approved in March because they consider it "illegal" and that it invades regional powers, although they have also stated on occasion that, when the time comes, they will comply with the law and attend to the minors they receive.
The "culmination" - in the words of the Minister of Youth and Childhood, Sira Rego - of this opposition was the "boycott" that all the PP communities - except Ceuta and the Canary Islands, where it co-governs - gave to the Government in the Sectoral Conference that was to be held last Thursday on this issue and that finally did not take place due to lack of quorum.
The protocol for transfers
The royal decree that is expected to be approved next Tuesday establishes the protocol to be followed for the transfers of young people, which the Executive plans to begin on August 28.
The rule establishes the participation in the process of the Public Prosecutor's Office, to which the proposal to transfer the young person will be communicated and a report will be requested in the event that he/she does not want to be relocated.
It dictates that the community of origin will be responsible for the transfers, which will be financed by the State through the fund provided for in the royal decree law approved on March 18, endowed with 100 million euros.
And that this will be done by professionals from the public entity of origin, who must exchange information with those of destination on the situation of each child or adolescent.
The new royal decree also states that, in the event that the community refuses to take in the minors, the professionals accompanying the young person may ask for help from the security forces and corps, who will inform the Public Prosecutor's Office and hand over the young person to the destination entity.
And it establishes that, if the minor does not have a residence permit in Spain, this must be processed, with preferential status, by the corresponding Sub-delegation of the Government before the transfer.
Regarding the role of the security forces in this process, the ministerial sources have clarified that the details will have to be developed in working groups that will be constituted soon in order to specify the legislation.
Upcoming appointments in the calendar
Despite the rejection of the autonomous communities to this relocation, the Government continues with its plan and plans to begin with the transfer policy on August 28.
All this after approving another decree on the ordinary reception capacity - which will include the detail of how many young people should be transferred to each autonomous region - on August 26 and that the territories that meet the requirements - that the occupation of their resources triples their capacity - declare the migratory contingency on the 27th.
From then on, it will be possible to start referring the children, although sources from the Ministry have specified that these transfers will be carried out little by little and in no case will hundreds of young people be taken suddenly to any territory.
For the transfers of the approximately 3,000 minors who must leave the reception systems of the Canary Islands, Ceuta and Melilla to alleviate their child care resources, the Government has set a deadline of one year.
But for the children who arrive in areas already declared in a situation of contingency, as will surely be the Canary Islands from August 27, the decree establishes that the referral must be carried out within 15 calendar days from their registration in the Register of Unaccompanied Foreign Minors.
