On July 31, 2026, Spain's Supreme Court issued a landmark ruling on the controversial border pushbacks (devoluciones en caliente) at the Spanish enclaves of Ceuta and Melilla. The court rejected an appeal by two NGOs, Caminando Fronteras and the Coordinadora de Barrios, which had challenged the legality of the summary expulsions of migrants who attempt to cross the border fences.
The ruling upholds the Spanish government's interpretation of the Foreigners Law, which allows border guards to immediately return migrants who are caught in the act of crossing the border irregularly. The court argued that these pushbacks are a necessary measure to maintain public order and border security, and that they are consistent with Spain's international obligations, as long as they are carried out with respect for fundamental rights.
The decision has been criticized by human rights organizations, which argue that it violates the principle of non-refoulement and denies migrants the right to seek asylum. The NGOs have announced that they will take the case to the European Court of Human Rights. The Spanish government, on the other hand, has welcomed the ruling as a validation of its border management policy.
The ruling comes amid ongoing tensions at the borders of Ceuta and Melilla, which are the only land borders between Africa and the European Union. In recent years, there have been several mass attempts to cross the fences, resulting in deaths and injuries. The court's decision is expected to have significant implications for the treatment of migrants at these borders.
