The Community of Madrid has filed a resource before the Constitutional Court against the decree that modifies the foreigner law to establish criteria of Menas distribution. The Minister of the Presidency, Miguel Ángel García Martínexplained after the Governing Council the reasons that have led to the Executive of Madrid to file this appeal of unconstitutionality, among which the Competency invasion.
In this sense, García Martín has stressed that the initial reception and foster care of a minor foreigner corresponds to the autonomous communities that have statutoryly assumed competences in the field of protection and guardianship of minors. «The central government cannot decide for its own will where minors should be welcomed, invading the exclusive competition from the Community of Madrid».
Autumn of the reasons is that the fundamental rights of minors themselves“Moving them by subjective, merely political quotas and without prioritizing the guarantee of their assistance.” In addition, as Garcia explained, this Royal Decree Law «is contrary to the principle of solidarity and loyalty » between administrations.
«The application of the distribution criteria of unaccompanied minors, agreed with the independence matches and apart from the regional communities themselves, it leads to a inequality between the different communities Autonomous in the cast, ”said the counselor.
At the same time, García Martín has indicated that the constitutional principle of financial autonomy of the autonomous communities, since “it does not guarantee the necessary financing for the attention of the minors displaced by the central government.”
Finally, the counselor has stressed that the use of the figure of Royal Decree-Law is “inadequate”, since this legislative reform would have to be carried out by organic law. «Without this instrument respect even the constitutional requirements for its validity, since the only urgency that exists is the political opportunism of a cornered government that is not even able to offer budgets to govern, ”he said.
«The Community of Madrid will not tolerate a discretionary cast agreed with Junts with the sole purpose of getting the 7 votes That Sanchez needs to stay in La Moncloa and benefit Catalonia, leaving it practically outside the cast of unaccompanied foreign minors ».
The president of the Community of Madrid, Isabel Díaz Ayusohe has also defended these reasons through his social networks in which he has made it clear that his government “fulfills the law and that is why we already serve thousands of minors, but we are not going to cooperate with the migratory chaos of the government.”
We present an unconstitutionality appeal before the TC against the Royal Decree that modifies the League Law and the distribution of minors.
-Invade autonomic exclusive competences.
-Our financial autonomy.
-It must go by Organic Law.
-Vulne fundamental rights …– Isabel Díaz Ayuso (@idiazayuso) March 26, 2025
This decision of the regional government comes after signed pact between Pedro Sánchez and Junts in which it was agreed that the Community of Madrid will receive more than 800 immigrant minors not accompanied by those found in Canary Islandswhile Catalonia will only host between 20 and 30.
«It is unfair and unconstitutional, as we are denouncing. We demand that the central government brake on migratory chaos That our country is living, reach agreements with the countries of origin, control the borders and take over the problem that has generated for its own incompetence and that puts the lives of thousands of people trying to reach our coasts pushed by the mafias, ”said the Minister of the Presidency.
The Community of Madrid has hosted 10,618 unaccompanied immigrants Since 2019 for the «Sánchez’s disastrous migratory policy ». In that first year it hosted 1,219 minors. In 2020 there were 822. A year later, Ayuso gave refuge to 996 immigrants. In 2022 there were 2,842 the Menas to which the community gave asylum. In 2023 there were 1,360, in 2024 the Ayuso government raised the figure to 2,442 and in what we had of 2025, the Madrid Executive has hosted, until now, 937 unaccompanied minors.
