The Ombudsman, Ángel Gabilondo, has recommended to the General Directorate of the Police (DGP) that it avoid expelling foreign individuals who are in the process of regularization in Spain while the procedure is ongoing.
The institution has requested that during the period of validity of the regularization process, which began on April 16 and ends on June 30, no expulsion orders be issued for foreign citizens who lack a criminal record, when the expulsion is based on their irregular stay status.
The Ombudsman has also recommended to the DGP that when a foreign individual states they have applied for a residence permit for extraordinary ties and provides proof of such application, the submitted documentation should be verified before initiating a possible expulsion order.
Thus, it is considered that the execution of the expulsion order should be delayed until there is a decision on the application for regularization submitted.
The institution has made this recommendation after receiving complaints from foreign individuals who, despite having applied for regularization, have been detained or informed of their expulsion. These are generally individuals who have been residing in Spain for some time and have established proven social, labor, or family ties. The Ombudsman points out that as long as these individuals lack a criminal record and do not pose a threat to public order, safety, or public health, their expulsion should be avoided.
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