Spain's Supreme Court has issued a landmark ruling restricting the practice of 'hot returns' (devoluciones en caliente) for migrants intercepted at sea, according to a decision dated July 17, 2026. The court ruled that migrants rescued or intercepted in Spanish territorial waters cannot be immediately returned to Morocco without individual assessment of their asylum claims, as reported by Spanish news agency EFE.
The ruling specifically addresses the situation in the Spanish enclaves of Ceuta and Melilla, where border authorities have frequently used rapid deportations. The Supreme Court stated that such returns violate Spanish and international law, including the principle of non-refoulement, which prohibits sending people to countries where they face persecution. The court emphasized that each case must be evaluated individually, even in mass arrival situations.
This decision overturns a previous legal framework that allowed border guards to summarily expel migrants who entered irregularly, including those intercepted at sea. Human rights organizations, including Amnesty International and the Spanish Commission for Refugee Aid (CEAR), have praised the ruling as a victory for migrant rights. The Spanish government has not yet issued an official response, but the ruling is expected to require changes to border procedures.
The ruling does not apply to land border crossings at the fences of Ceuta and Melilla, where 'hot returns' have been legally permitted since a 2015 reform of the Foreigners Law. However, legal experts suggest the decision could set a precedent for challenging those practices as well. The court's full reasoning is expected to be published in the coming weeks.
