The Spanish government’s new regulation, which envisions granting legal status to approximately half a million undocumented migrants, constitutes a critical turning point not only in terms of migration policy but also regarding debates on economics, social integration, and migration governance in Europe. This initiative, which the Socialist-led coalition government plans to implement via royal decree, possesses a historical quality as it represents the first large-scale migrant regularization carried out in Spain in the last twenty years. While the regulation advocates for a human rights-based approach to migration, it is being harshly criticized by the opposition on the grounds of a “pull factor” and pressure on public services.
The aforementioned legal status regulation envisions granting a one-year temporary residence permit to undocumented migrants who meet specific criteria. Accordingly, foreign nationals who have no criminal record and can document that they have lived in Spain for at least five months prior to December 31, 2025, will be able to benefit from this right. Described as a “historic day” by the Minister of Inclusion, Social Security, and Migration, Elma Saiz, this decision demonstrates that the government treats migration not merely as a security issue but as a matter of integration and economic sustainability.[i]
One of the most significant and positive aspects of this regulation is that it provides legal visibility to undocumented migrants. Legal status will enable migrants to exit informal employment, enter into labor contracts, and be included in the social security system. This situation both reduces the vulnerability of migrants to exploitation and carries the potential to increase the state’s tax and premium revenues. Indeed, while Spanish Prime Minister Pedro Sanchez describes migrants as a “source of wealth and prosperity,” he places particular emphasis on their contributions to the social security system.[ii]
From an economic perspective, it would be appropriate not to overlook the possibility that the regulation may create a balancing effect rather than a burden. The Spanish economy has exhibited a growth performance above the European Union (EU) average in recent years. The fact that the unemployment rate fell below 10% in 2025 indicates a significant labor demand, particularly in the services, agriculture, construction, and care sectors. These sectors are already heavily dependent on migrant labor. Consequently, the acquisition of legal status by undocumented migrants could ensure that the current labor needs are met in a more stable and registered manner.
It is important not to completely overlook the “pull factor” argument, which lies at the center of the criticisms. Alberto Núñez Feijóo, the leader of the opposition People’s Party (PP), and the far-right Vox Party argue that this regulation will make Spain more attractive for irregular migration.[iii] According to this view, the expectation of legal status could encourage new waves of migration and increase the pressure on public services.
The fact that a large portion of undocumented migrants in the Spanish case come from countries such as Colombia, Peru, and Honduras indicates that the push factors behind migration are related to structural problems in Latin America. Therefore, the assumption that the current regulation alone will create a new mass migration wave remains weak in terms of causality. On the contrary, the regulation primarily targets a population already residing in the country and living off the record.
The issue of the impact on unemployment rates is similarly complex. The claim that granting legal status to migrants will increase unemployment among the local workforce is generally based on a short-term and superficial assumption. In the case of Spain, migrants are often employed in sectors that the local population does not prefer or where there is insufficient supply. For this reason, migrant labor plays a complementary role that enables the continuation of economic activities rather than replacing the local workforce.
On the other hand, the impact of the regulation on public services is an area that must be managed carefully. Additional costs may arise in the short term in areas such as education, health, and social assistance. However, these costs can be balanced in the medium term by registering migrants and including them in the tax and social security systems. Making the undocumented population visible will also allow public policies to be implemented more effectively and in a more targeted manner.
This step by the Spanish government constitutes an exceptional example in terms of migration debates across Europe. While many major EU countries address migration primarily within the framework of border security and deterrence, the Madrid administration adopts an approach centered on human rights, integration, and economic realities. This situation places Spain in a normatively distinct position within Europe.
This regulation also makes visible the ongoing differences in approach regarding migration governance within the EU. While many EU member states address irregular migration primarily through border security, deterrence, and return policies, Spain follows a more inclusive path based on internal regularization. This situation turns the Madrid administration into a normatively divergent actor across Europe. However, this divergence is not a weakness; on the contrary, it is significant in terms of offering an alternative governance model at a time when the EU is struggling to produce a uniform policy on migration. This step taken by Spain reflects an approach that treats migration not just as a security problem to be stopped at the border, but as a social reality that actually exists in the country.
Furthermore, granting legal status to undocumented migrants means transforming the migration issue from a temporary crisis area into a structural governance matter. Legal status enables the state to register the migrant population, use employment and social policy tools more effectively, and carry out integration processes in a planned manner. In this respect, the regulation aims to transform migration from an “uncontrollable” phenomenon into a field manageable through public policies. Therefore, beyond short-term political debates, this step shows that Spain has begun to treat migration as a permanent and sustainable policy area.
In conclusion, Spain’s decision to grant legal status to undocumented migrants is not evaluated as a one-dimensional “burden” or “threat.” On the contrary, if supported by the right integration and employment policies, this regulation can yield results that support economic growth and strengthen social cohesion. Although risks such as the pull factor and public costs cannot be completely ignored, current data indicates that this regulation is a manageable and rational migration policy choice for Spain.
[i] Hedgecoe, Guy. “Spain Plans to Give Half a Million Undocumented Migrants Legal Status”, BBC News, https://www.bbc.com/news/articles/c62n6gw1dp9o, (Access Date: 01.02.2026).
[ii] ibid.
[iii] ibid.
