Spanish government plans presumption of minority for undocumented migrants claiming to be under 18
Spain's Council of Ministers has approved the first draft of a new asylum law that includes a presumption of minority for undocumented migrants who claim to be under 18, pending age verification. The reform also covers guardianship and family tracing for unaccompanied minors.
The Spanish government has drafted a new asylum law that will grant undocumented migrants who claim to be under 18 a presumption of minority status while their age is being assessed. The measure, approved in first reading by the Council of Ministers, is part of a broader reform of the country's immigration regulations and is framed by the executive as a guarantee for vulnerable arrivals.
Under the current legislation, when the minority of an undocumented migrant cannot be established with certainty, authorities are required to immediately notify the Public Prosecutor's Office and order the necessary procedures to determine the person's age, including requesting scientific tests from health institutions on a priority and urgent basis. The new text introduces a preventive attribution of minority for those who may be under 18, which will remain in force while the evaluation process is carried out.
Interior Minister Fernando Grande-Marlaska said both reforms reflect a approach focused on guaranteeing the human rights of migrants. He noted that this position led the government to reject the Regulation on Return to Third Countries, while insisting that the new rules combine border management with national security needs. The ministerial reference also states that the asylum law includes guarantees and provisions for unaccompanied minors, such as regulating the figure of the representative for those requesting international protection and clarifying aspects related to guardianship and the search for family members.
The reform comes in the context of the European Union's new Migration and Asylum Pact, approved by the European Parliament. Brussels requires irregular migrants to register and undergo thorough security checks, and establishes accelerated border procedures for those who do not need protection, pose a security risk, or attempt to deceive authorities. The European Commission, led by Ursula von der Leyen, imposes shorter deadlines for asylum procedures to curb abusive or subsequent applications and prevent secondary movements. The pact also includes rigorous safeguards to ensure respect for fundamental rights, including an independent monitoring mechanism applicable during screening and border asylum procedures.
The European Parliament has also approved a system for returning migrants without the right to stay in the EU, allowing the expulsion of irregular foreigners to return centres located in third countries. Migrants whose asylum applications have been rejected and who are awaiting return to their country of origin or transit may be sent to these centres. The measure still needs to pass through the European Council, the body that brings together the heads of state and government of the member states.
