The president of Ceuta, Juan Jesús Vivas, assured this Friday that the immigration agreement signed between Spain and Morocco is above the Immigration Law and has reiterated that in the returns of minors from the autonomous city to the neighboring country the “individualized treatment”. “I understand that what the legislation says and the principles of the law on the return of minors have been observed. But this is a specific agreement that says that the parties will agree on the best way to carry out the return and that replaces the principle of the Immigration Law “, Vivas assured in an interview on Cadena SER.
The NGOs dismiss as “nonsense” the criterion of the Government of Ceuta to prioritize the return of minors who are approaching 18 years of age
The leader has thus explained how the repatriation of minors who entered during the migration crisis in May from Morocco and that Ceuta began to return a week ago has developed. Justice has asked to preventively paralyze the returns pending to see if the procedure has complied with all legal guarantees, although Vivas has insisted that the process has been done correctly, while defending that all decisions have been taken. in coordination with the Ministry of the Interior and the General State Administration.
However, when asked whether Ceuta has respected the principle of the Immigration Law that requires that returns be studied individually, Vivas explained that the agreement signed between Morocco and Spain in 2007 prevails over the regulations of the law and that the Agreement establishes that the parties must understand each other to find the best way to undertake the return. “The regulation has the rank of regulation and the agreement has a higher rank than the regulation,” explained the Ceutí president, who has also said that they have received legal advice to implement this mechanism, that following that part of the regulation it would be impossible to make returns and that the State Attorney shares that criterion.
Vivas has reported that it was his Government that requested the activation of the agreement and that later the Interior activated it. “All the actions have been coordinated and we are convinced that it is acting correctly”, reiterated the president, who also recalled that this agreement had not been launched before. “I think it is positive that it is activated because the agreement ultimately ensures the best interests of the minor and the best fate that the minor can have is his family,” he defended after reporting that the situation of young people in the autonomous city is unsustainable and that the conditions in which they are accommodated are “absolute precarious”.
Vivas’s argumentation, which coincides with the one that Interior has used in recent days to justify how the return device has been developed, however collides with the last documents of the National Court, in which it has argued that “the Law of Immigration “clearly establishes” the application of an individualized procedure to repatriate minors “and that the returns of minors can only be carried out based on the procedures” provided for and regulated in detail in Spanish legislation to which the Spanish-Moroccan Agreement refers ” .
On Wednesday the National Court opened a procedure against the procedure of the Ministry of the Interior to activate the repatriation of minors and gave the Secretary of State for Security five days to send the file with the data and reports on the original order that triggered the returns .
Two days earlier, the court had asked Interior to substantiate the decision to return the minors who have been in Ceuta since the migration crisis in May in response to an appeal filed by the Spanish Network for Immigration and Refugee Assistance. The Ministry responded that the Court did not have jurisdiction to enter the matter, because the Interior did not give any order to start the returns and because the matter was already being analyzed in a court in Ceuta.
However, an email sent on August 10 by the Secretary of State for Security to the Delegation of the Government of Ceuta proves that the order for the execution of the return of migrant minors from the autonomous city came from the Ministry of the Interior, as advanced The confidential and has confirmed elDiario.es.