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Type a law, a topic, a person or a province.

What it is

Bill to tighten the rules for immigrant detention centers

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 9 February 2023. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's bill for an Organic Law amending the operating regime of the Foreigner Internment Centers.

Follow this law

Source: Congreso de los Diputados, file 122/000300· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would extend the maximum detention period in a CIE, currently sixty days, to six months, extendable by additional six-month periods when circumstances require it, with no new detention for the same causes in the same case. It would also make the detention costs payable by the authorities of the foreigner's country of origin.
  2. It would provide that filing an asylum application only suspends expulsion or return if the applicant shows, even on an indicative basis, that they meet the requirements to obtain it. It would also state that the application does not suspend a pending extradition unless that same showing is made.
  3. It would ban filing international protection applications from inside a CIE.
  4. It would extend the maximum period to decide expulsion cases, currently six months, with additional six-month extensions when circumstances require it.
  5. The Ministry in charge of migration would have up to six months to adapt the regulations to the law. Pending asylum applications would lapse if the requirements are not shown, even on an indicative basis, within fifteen calendar days.
  6. The law would take effect the day after its publication in the Boletín Oficial del Estado (official state gazette). Only Article 1 would have the rank of organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.; the rest would be ordinary.

Who it affects

  • Foreign nationals held in a CIE: Their maximum stay in the center would be extended and they could not apply for asylum from there.
  • Asylum or subsidiary protection applicants: They would need to show, even on an indicative basis, that they meet the requirements for their application to suspend expulsion.
  • People with pending asylum applications: Their applications would lapse if they do not show the requirements within fifteen calendar days.
  • Countries of origin of detained foreigners: They would have to pay the detention costs.
  • The Ministry in charge of migration: It would have to adapt the regulations within six months.

Words worth knowing

CIE (Centro de Internamiento de Extranjeros)
Immigrant detention center: a public, non-prison facility where foreign nationals are held pending expulsion or return.
Ley orgánica (organic law)
A type of Spanish law reserved for major matters, such as fundamental rights, requiring special majorities to pass.
Protección internacional (international protection)
Protection Spain can grant to someone fleeing their country: asylum or subsidiary protection.
Indiciario (indicative)
Based on indications, that is, signs or data suggesting something without full proof.
Expediente de expulsión (expulsion case)
Administrative proceeding that can end with the foreign national being removed from the country.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced9 February 2023Someone registers the text in the Congreso.
  2. Admitted14 February 2023The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Feb 2023Mar 2023Apr 202311. 9 February 2023: Presentación22. 14 February 2023: Boletín Oficial de las Cortes Generales Publicación desde 14/02/2023 hasta 17/02/202333. 14 February 2023: Calificación44. 17 February 2023: Gobierno Contestación desde 17/02/2023 hasta 27/03/202355. 27 March 2023: Pleno Toma en consideración desde 27/03/2023 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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