The Spanish government announced in January the start of a process to legalize the residence status of foreigners already living in the country. The initiative could affect more than half a million undocumented migrants who meet specific criteria. The decision by the Spanish cabinet has drawn strong criticism from some Members of the European Parliament. According to Jadwiga Wiśniewska of Poland’s Law and Justice party, the move could potentially threaten the stability of the Schengen area.
“Prime Minister Pedro Sánchez has announced the legalization of more than half a million undocumented migrants. If we add to this the family reunification directive, the number of people entering the European Union could in fact increase several times over,” Jadwiga Wiśniewska, a Member of the European Parliament from the European Conservatives and Reformists (ECR) group, told the Newseria news agency. “It must be clearly stated that this action undermines European law, violates the Schengen Borders Code and could lead to the destruction of the Schengen area. It may also be a prelude to something that could be implemented on a much larger scale in the future.”
At the end of January 2026, the Spanish Council of Ministers approved the urgent consideration of a royal decree introducing an extraordinary procedure for the legalization of foreign residents. The initiative is partly linked to the needs of the local labor market. Many of the migrants affected have been working in Spain for years but remain employed in the informal economy.
The procedure announced by the Spanish prime minister is aimed at individuals who had been residing in Spain for at least five months before 31 December 2025. Migrants seeking international protection may also benefit from the program if they submitted their application before that date. A clean criminal record is also a mandatory requirement.
According to Wiśniewska, Spain’s neighbors could respond by introducing measures similar to those implemented by Germany when it faced a significant influx of migrants.
“Countries neighboring Spain could introduce regulations similar to those adopted by Germany when it experienced a surge in migrant arrivals, namely the reintroduction of border controls,” she said. “One of the most important freedoms and one that people value greatly is the free movement of individuals between countries. What Prime Minister Sánchez is doing undermines this fundamental principle. The European Commission should take decisive action to oppose it.”
The Schengen Borders Code allows EU member states to temporarily reintroduce border controls on some or all sections of their internal borders in the event of a serious threat to public order or internal security. All member states may use this mechanism. Germany has already taken such a step in response to high levels of irregular migration and migrant smuggling, as well as pressure on its asylum system. The controls have been extended until September 2026.
The issue was also discussed during a debate in the European Parliament in February following the Spanish government’s decision. During the discussion, Magnus Brunner, the EU Commissioner for Internal Affairs and Migration, emphasized that although certain aspects of migration policy remain within the competence of individual member states, their decisions must not produce negative consequences for other parts of the European Union. He stressed that granting legal residence in Spain should not automatically translate into legal residence rights in other EU countries.
“I am very disappointed with the approach of the European Commission,” Wiśniewska said. “It stated that this is an internal matter of Spain. If migration policy is considered an internal matter of member states, then the migration pact should never have been created. At that time the Commission said migration policy was an EU-level issue rather than a national one.”
She argued that this dual approach frustrates many member states and called for stronger measures to address the issue. In her view, a large influx of undocumented migrants—combined with family reunification rules that could bring additional relatives to Europe—may deepen the security crisis within the European Union.
Since 2003, EU migration rules have regulated the right of third-country nationals to family reunification. Individuals legally residing in the EU may apply for family members to join them within the Union. To qualify, they must hold a residence permit valid for at least one year issued by a member state and must have the legal possibility of obtaining long-term residence status.
Wiśniewska also warned that the decision could encourage criminal networks involved in migrant smuggling.
“Human traffickers bringing migrants to the European Union may be opening their most expensive bottles of champagne,” she said. “One of the most profitable criminal businesses could accelerate even further. Alongside this comes drug trafficking, weapons smuggling and human trafficking. These smuggling networks operate in a planned, systematic and unfortunately highly professional manner. They offer different ‘packages’ to migrants depending on their financial resources, meaning different standards of travel and entry into the EU.”
According to her, organized crime often accompanies migration flows.
“Together with people searching for a better life, organized crime enters the European Union on a very large scale. That creates significant risks,” she argued. “This threatens security across all member states because once these individuals receive legal status granted by Sánchez, they can move freely throughout the entire European Union. During the debate in the European Parliament, about 90 percent of speeches criticized the Spanish government’s decision.”
Commissioner Magnus Brunner noted during the debate that improving the effectiveness of return policies is also a priority for the European Union.
“We say: secure borders mean safe streets,” Wiśniewska said, adding that policymakers are also working on regulations designed to ensure “fast and effective deportations.” She argued that the European Commission’s attitude toward irregular migration has shifted in the current parliamentary term under pressure from lawmakers, while in her view the Spanish government’s approach runs counter to both the Commission and the European Parliament.
According to Brunner, the number of irregular border crossings has fallen by 50 percent over the past two years, while the number of asylum applications has also declined. This trend reflects not only geopolitical developments but also measures implemented by the EU and international organizations to combat migrant smuggling.
Preliminary data from Frontex, the European Border and Coast Guard Agency, show that in 2025 the number of irregular crossings at the EU’s external borders decreased by 26 percent year-on-year to around 178,000 cases. This figure is less than half of the number recorded in 2023 and represents the lowest level since 2021.
However, the Western Mediterranean route, through which migrants from countries such as Algeria, Somalia and Morocco reach Spain, was the only major route to record an increase last year, rising 14 percent year-on-year.
