The government provides for the police and prosecution to force communities to host migrant minors | Spain

While they happen the lawsuits between government and autonomous communities, The technicians advance in the preparation of the first transfers of migrant minors that will be made this summer from Ceuta and the Canary Islands. The Royal Decree with which the protocol to follow is almost ready and the plan, according to government sources, is that it approves in the Council of Ministers of July 15. The text, whose latest version has consulted the country, involves the security forces and the Prosecutor’s Office explicitly due to the forecast that there are communities that decide not to send anyone to pick up the minors transferred or hinder their reception.

The text thus refers to this hypothetical scenario: “In the event that the Autonomous Community of Destination refused to take care (…) In the date, time and place notified, the professionals (…) who would have accompanied the foreign person during the transfer may collect the help of the bodies and security forces, who will put this fact in the knowledge of the Fiscal Ministry and will deliver the person to the public entity of minors protection of the autonomous community of destination. All this, without prejudice to the possible responsibilities that could be deduced. « 

The standard also tries to solve the documentation problems that have the vast majority of minors protected in the Canary Islands and that, as the country revealed, They lack residence authorizations because they have not been processed. The procedure will force government delegations to resolve the granting of their permits before transfer to another community.

The new delegate protocol in the Government Subdelegates of the provinces in which the minors are the responsibility of opening and processing the files. These transfers will apply to two groups of different children and will, therefore, have forms, but above all different deadlines. On the one hand, the transfers of the minors who arrive new to the islands will begin and for which a 15 -day margin has marked since they set foot in the port until they are relocated to another community. On the other, he will move to a good part of the nearly 6,000 children and adolescents who already live in the Canarian reception centers, although for them they work with a period of one year. The total number of children to relocate from Ceuta and the Canary Islands is not clear, although they have worked with the figure of 4,400.

After initiating the procedure, the Government subdelegate will determine which community must go to each minor and, as the text reflects, the distribution will begin to the communities to which “a higher percentage of transfers correspond to”. Among those communities that will have to do more effort, Madrid, Valencian Community and Andalusia will appear. It will be guaranteed, says the draft, « a balanced distribution between all autonomous communities and cities. »

Each file must have a report on the minor that will prepare the autonomous community of origin and will have five days to send it. Among the essential efforts, the interested party must be interviewed. « The questions asked in this personal interview will be adjusted to the instructions dictated by the Ministry of Youth and Childhood, » reads the draft. After that procedure, both the minor and the destination community will have three days to present the allegations they consider appropriate. If there is an opposition of the minor, the Prosecutor’s Office will have two days to issue its report.

The resolution of location and transfer will be notified to the minor (if their degree of maturity allows it) or its legal representatives, within ten calendar days from its registration in the police registry. The decision will also be shared with the Autonomous Community of Destination, the Ministry of Youth and Children and the Prosecutor’s Office. The transfer, which must occur in the next five days, will be carried out by the community of origin that will have to communicate it to all the actors involved (including the Superior Destination Police Headquarters and the Prosecutor’s Office) with a minimum of 48 hours.

Once in the community that will host it, it will have to choose the most appropriate center. “In particular, it will adopt specific itineraries and intervention resources to respond to the specific needs of some profiles, such as girls, boys and adolescents victims of human beings, of which they present physical or mental health problems, or that are closer to the age of majority and need support focused on the promotion of autonomy in the face of their emancipation Socio -labor ”, reads in the future Royal Decree.

While this process advances with the objective that transfers begin in summer, the government drags the feet in another issue. The next 29, the central government will have to explain in the Supreme Court if it has fulfilled The order given by the judges at the end of March to take over more than a thousand asylum seekers who are currently in charge of the Canary Child Protection Services. He has not done so.