Moroccan authorities push for return of minors stranded in Ceuta

Morocco’s Minister of Justice, Abdellatif Ouahbi, has reiterated calls for the swift repatriation of Moroccan minors currently in Spain, including those who arrived in Ceuta during the recent migration surge. The push aligns with directives from the Moroccan monarchy, urging relevant ministries to accelerate the identification and return process for these young individuals.

However, the exact number of minors involved remains unclear. Spanish authorities reported a total of 1,527 unaccompanied minors in Ceuta following the crisis, though this figure may not reflect the actual arrivals on July 30 and 31, as some children were already present in the enclave before the influx.

Existing framework for repatriation

Contrary to common misconceptions, Spanish law does not outright prohibit the return of Moroccan minors. In 2007, Morocco and Spain established a bilateral agreement focused on preventing irregular child migration, safeguarding unaccompanied minors, and facilitating their coordinated return. The agreement outlines procedures for locating families, assessing each case, and ensuring minors are either reunited with relatives or handed over to Moroccan authorities—provided certain conditions are met.

Yet, the process is not as straightforward as a collective or automatic return. Spanish law mandates an individual assessment for each minor to determine if repatriation aligns with their best interests. Authorities must gather family background, consult Moroccan counterparts, and allow the child to present their own perspective. The public prosecutor’s office also plays a critical role in this evaluation.

This requirement for case-by-case scrutiny explains why minors could not be treated the same as adults during the initial pushback operations. Their irregular entry into Spain does not negate their status as minors under Spanish protection laws.

Lessons from the 2021 Ceuta crisis

The caution surrounding repatriation stems directly from the events of August 2021, when hundreds of minors were returned to Morocco following a mass migration wave in Ceuta. The Spanish judiciary later ruled these returns unlawful in January 2024, citing violations of legal safeguards—particularly the lack of thorough individual assessments.

This precedent now looms large over current discussions. While both Morocco and Spain seek solutions to alleviate Ceuta’s overcrowding, Spanish authorities must ensure every repatriation complies with legal protections. Collective operations, as attempted in 2021, risk further legal challenges.

Alternative measures: distributing minors across Spain

In the interim, Spain faces a logistical challenge: managing the overcrowding in Ceuta. To address this, the government has activated mechanisms to relocate some unaccompanied minors to other autonomous communities. This strategy operates independently of repatriation efforts, as both processes serve distinct purposes.The issue has sparked political friction within Spain. The central government advocates for regional distribution to ease Ceuta’s burden, while the opposition Popular Party insists on prioritizing repatriation to Morocco. Juan José Imbroda, President of Melilla, has also urged the implementation of the 2007 agreement with Morocco.

The current impasse is less about Spain refusing to return minors and more about adhering to a legally binding process. Morocco has expressed readiness to accept them, but Spain must proceed cautiously, case by case.

The coming weeks will test whether cooperation between the two nations can expedite family tracing and meet the conditions for safe repatriation. The 2021 judicial ruling serves as a stark reminder: rushed collective operations could expose authorities to renewed legal scrutiny.