Ayuso appeals to the Constitutional Court against the decree on the relocation of migrant minors

The Governing Council has instructed the General Counsel of the Community of Madrid to appeal against the decree approved by the Council of Ministers on March 18

EFE

March 26 2025 (12:48 WET)
Isabel Díaz Ayuso
Isabel Díaz Ayuso

The Government of Isabel Díaz Ayuso has agreed this Wednesday to file an appeal with the Constitutional Court (TC) against the modification of the immigration law agreed between the Executive and Junts on the criteria for the referral of unaccompanied foreign minors between autonomous communities.

The Governing Council has instructed the General Counsel of the Community of Madrid to appeal against the decree approved by the Council of Ministers on March 18, which obliges the relocation of 4,400 migrant minors who arrived in the Canary Islands and Ceuta, and limits to thirty those that Catalonia will host.

In the press conference after the meeting of the Governing Council, the spokesperson for the regional Executive, Miguel Ángel García, denounced that the Community of Madrid will not continue to "tolerate" this "discretionary" distribution agreed with Junts, which has "the sole purpose of obtaining the seven votes to remain in La Moncloa".

The General Counsel of the Community of Madrid has prepared a report stating that the decree is "unconstitutional" as it violates several precepts of the Magna Carta of 1978, and invades the "exclusive" powers of the regional Government, since the reception and initial reception of a minor migrant corresponds to the autonomous communities that have assumed them statutorily in matters of protection and guardianship of minors. 

In addition, it emphasizes that the decree "is contrary to the principle of solidarity and loyalty between administrations", since the application of the distribution criteria "lacks justification and has been carried out without consulting the autonomous communities".

The Community of Madrid considers that the fundamental rights of minors are violated, "displacing them by subjective quotas and without prioritizing the guarantee of their assistance", as well as the constitutional principle of financial autonomy of the regions, since the central Executive does not guarantee the necessary economic contribution to attend to the displaced minors with guarantees.

Likewise, it argues that the modification should have been carried out through an organic law, instead of using the figure of the Royal Decree Law, as it affects the rights and duties of citizens (articles 81.1 and 86.1 of the Spanish Constitution), in addition to requiring "the extraordinary and urgent need to take measures", when the decree itself recognizes that the problem has existed for at least eight years. 

According to data provided by the regional Executive, the Community of Madrid has assisted 10,618 unaccompanied foreign minors since 2019 and a total of 937 in 2025. 

Most read