The Moroccan Minister of Justice, Abdellatif Ouahbi, has urged the swift return of Moroccan minors currently in Spain, including those who arrived in Ceuta during the recent migration surge. This directive follows royal instructions aimed at expediting the identification and repatriation of these young individuals to their home country.

However, the exact number of minors involved remains unclear. Spanish authorities reported 1,527 unaccompanied minors in Ceuta following the crisis, as of August 12. Notably, this figure includes some young people who were already present in the enclave before the July 30-31 migration wave.

Madrid and Rabat share a repatriation framework

Contrary to common misconceptions, Spain does not prohibit the return of Moroccan minors under its laws. Since 2007, Madrid and Rabat have maintained a bilateral agreement focused on preventing irregular migration by unaccompanied minors, ensuring their protection, and facilitating their coordinated return. The agreement outlines joint efforts to trace the families of these minors and, where feasible, reunite them with relatives or transfer them to Moroccan authorities (BOE).

Yet, this agreement does not permit mass or automatic repatriations. Spanish law mandates an individualized assessment for each minor to determine whether their return aligns with their best interests. Authorities must gather family background details, consult with Moroccan counterparts, and allow the child to express their views. The public prosecutor’s office also plays a key role in this process.

This strict requirement for case-by-case evaluation explains why minors could not be processed like adults during the initial rapid expulsions. Their irregular entry into Spain does not negate their status as minors under the protection of Spanish authorities.

Lessons from the 2021 Ceuta crisis

The cautious approach stems from the events of August 2021, when hundreds of minors were returned to Morocco following a large-scale migration influx into Ceuta. The Spanish judiciary later ruled these repatriations unlawful. In January 2024, the Supreme Court upheld this decision, citing the failure to conduct adequate individual assessments of the minors’ circumstances.

This precedent now serves as a significant barrier to any collective return operations. While both Morocco and Spain seek solutions—Rabat requests the minors’ return, and Madrid aims to ease Ceuta’s overcrowding—Spanish authorities must ensure every repatriation complies with legal safeguards.

Alternative measures: dispersing minors across Spain

In the interim, Spain faces a pressing challenge: managing the overpopulation of Ceuta. The government has activated protocols to relocate some unaccompanied minors to other autonomous communities. This step, distinct from repatriation discussions, aims to alleviate immediate pressures on the enclave.

Political debates in Spain have intensified around this issue. While the central government advocates for the dispersal of minors to balance regional burdens, the opposition Partido Popular insists on prioritizing returns to Morocco. Juan José Imbroda, President of Melilla, has also advocated for the full implementation of the 2007 agreement with Rabat.

The crux of the matter is not Spain’s refusal to return the minors but the legal constraints governing the process. Morocco has expressed readiness to receive them, and Spain may approve these returns—but only after meticulous, child-by-child evaluations. The coming weeks will test whether bilateral cooperation can expedite family tracing and meet the necessary conditions for repatriation. The 2021 judicial ruling serves as a stark reminder: rushed mass operations risk renewed legal challenges.