The High Court of Justice of the Canary Islands has confirmed the suspension of a government agreement by the Canary Islands Executive on September 2. The decision supports the NGO Red Española de Inmigración y de Ayuda al Refugiado, which had filed a legal challenge against the instruction. The court initially suspended the instruction on September 25, and has now confirmed this decision after hearing arguments from the regional government. The agreement approved by the Canary Islands Government on September 2 prohibited the National Police from directly handing over children arriving in the islands to NGOs without their express permission.
The Executive claimed that unaccompanied immigrant minors who arrive in cayucos or boats are under police custody and not abandoned, making them the responsibility of the State and not the autonomous communities. The government even considered taking the central government to court over this issue. The order stated that minors would no longer be directly sent to reception centers managed by government-contracted entities, but their admission to these centers would require prior approval from the competent regional authorities, leaving them in the custody of state authorities responsible for their collection at sea and subsequent identification.
The court ruling highlighted that this process poses a serious risk of delays in providing assistance to immigrant minors, as their entry into reception centers could be delayed, causing potential harm to a particularly vulnerable group. The initiatives have faced strong opposition from the Prosecutor’s Office, with the Senior Prosecutor of the Canary Islands warning of potential child abandonment charges if obstacles are placed on the reception of migrant children. The court took into account the Prosecutor’s concerns and identified instances where the Canary Islands Government’s order impeded immediate assistance, in violation of minor protection laws.
The political context behind the government’s actions in early September is the strain on resources for unaccompanied migrant minors in the Canary Islands and the deadlock in negotiations to reform immigration laws allowing mandatory transfer of minors to other regions. The Canary Islands currently oversee around 5,500 minors, a number that has overwhelmed the region. The government has reportedly spent around 160 million euros on managing this issue and has demanded this amount from the State. The court acknowledged the migrant crisis in the Canary Islands and the regional government’s efforts to manage the reception of new minors, while also recognizing that implementing the proposed measures could harm the children themselves.
The court’s decision emphasizes the importance of ensuring the well-being and protection of unaccompanied migrant minors and highlights the need for a coordinated approach to managing the influx of minors in the Canary Islands. The ruling underscores the legal obligations to provide immediate assistance and timely admission to reception centers for vulnerable minors, while also acknowledging the challenges faced by the regional government in addressing the migrant crisis. The court’s decision to confirm the suspension of the government agreement reflects a commitment to upholding the rights and welfare of unaccompanied migrant minors in the Canary Islands, while also emphasizing the importance of legal compliance and coordination in addressing this complex issue.
