The Government seeks how to shield the transfer of migrant minors in front of the belligerence of the PP | Spain

The Government assumes that The PP will not facilitate the reception of migrant minors that are overcrowded in the Canary Islands and Ceuta. « They will give the battle. (…) They are not for the work (…) This is forced, it is a law, » government sources warned last Thursday in Congress. Solidarity is, indeed, mandatory by law, but the belligerence of the popular With this matter he has put the Executive on notice. After validating the change of the law last week in Congress, the different ministries involved now work in the regulation with which the conditions and the process of relocation of children, the small print of transfers, will be defined. And that text, whose draft has had access to the country, will collect, according to government sources, the scenarios and responsibilities to possible breaches.

Several ministers have not been warning that there are plenty of mechanisms to ensure that the law is fulfilled, but the reality is that the casuistry can vary and the answers for each one must be defined. On the one hand, at least six communities governed by the popular ones – Madrid, Galicia, Andalusia, Aragon, Castilla y León and Cantabria – have announced resources of unconstitutionality against the imposition of the distribution. It is unlikely that this court dictates precautionary measures against the interest of minors, according to judicial sources, but the legal route of these resources is uncertain. On the other hand, regardless of the legal battle, there may be breaches that would leave in a limbo to minors in full transfer, since those responsible for the destination community do not present to collect the boys or do not meet the appropriate reception conditions.

The draft of that decree law that will approve the Council of Ministers is still very preliminary And do not contemplate what the answer will be if there are communities that declare themselves in rebellion, but government sources maintain that these scenarios, the response mechanisms and the responsibilities that they entail have to be detailed in writing. « It is evident, » they maintain, « the risk of conflict » that entails the measure.

The Government had already proposed that one of its tools will be to file contentious against the communities that refuse to assume the reception of the minors that correspond to them, but government sources also want to involve the Prosecutor’s Office throughout the process. The Fiscal Ministry is the last guarantor of children’s rights and can act ex officio, the aspiration is that it is present since the relocation of a minor is decided until it reaches its new reception center. Another important issue for this new legal text is to raise these hypothetical situations in which the destination community does not receive the child upon arrival and, in that case, define what to do and what responsibility can be required to the corresponding public administration or employee.

In the next few days, the different ministries involved (territorial policy, interior, migrations …) will have to send their contributions to the text to the youth. At the moment, the draft, of only six pages, provides that in a situation of migratory contingency, each new minor who arrives must be interviewed within 48 hours by the Autonomous Community and this will have to prepare a report on its situation in another 48 hours. The receiver of that report will be the delegate or delegate of the Government, who will be the competent person to resolve the procedures and propose the destination communities according to the places they have available. The delegate’s proposal is not final, but must be heard, within three days, to the minor itself and the community to whom its guardianship will be assigned. In fact, it is possible that the young man opposes that relocation and, in that case, the Prosecutor’s Office should be activated to issue his report within a maximum period of 48 hours.

The procedure career is against the clock because, in theory, every new minor that reaches a community that has declared its immigration contingency situation must be transferred in just 15 days. The rest of children and adolescents who are already received, but will be transferred until the reception network decongests, instead, have a year to leave.

The draft also defines that the person responsible for transferring the minors – one in one or in large groups – will be of the community that hosts them, although this criterion does not coincide with previous conversations and agreements. Thus he found, for example, in The last government agreement with the Canary Islands With which it was intended to approve an extraordinary transfer of 4,400 minors, given the obstacles to achieve a more conjunctural solution such as the one achieved last Thursday. It remains to be seen if that provision remains as it is now. Both in Madrid and in the Canary Islands it was assumed that it is the State (in this case the Ministry of Migration) that has the greatest logistics capacity to organize these trips, as demonstrated with the thousands of transfers of adult migrants that make the Peninsula every year from the Canary Islands. Migrations also maintains different agreements that it maintains with both air and sea transport companies.