The Supreme Court of Spain has determined that the return of 45 irregular minors from Ceuta to Morocco in August 2021 was illegal.
The authorities violated the Immigration Law that requires an administrative procedure, the study of minors' personal situation, and giving them a hearing.
NGOs, Fundación Raíces and Coordinadora de Barrios, took the case to court and secured a favorable ruling from the Supreme Court.
The incident arises as a result of political friction with Morocco, after Spain allowed the medical treatment of Polisario Front leader, Brahim Ghali.
The Ministry of the Interior justified the returns according to a cooperation agreement between Spain and Morocco from 2007.
The Supreme Court clarified that such justification does not exempt from complying with the regulations established in the Immigration Law.
Collective expulsions of foreigners are prohibited by the European agreement for the protection of human rights.
Conclusion: The verdict underscores the legal and moral imperative to safeguard human rights in immigration policies, even in challenging political situations.