Junts-Socialists controversial deal over migration powers: all you need to know

Migration policy has been at the center of political debate in recent weeks after the Socialists struck a deal with Catalan pro-independence party Junts to transfer immigration powers to Catalonia.   

The deal has been heavily criticized by other Catalan parties, and Junts has been branded "xenophobic" for demanding that the Catalan government have the right to decide on the deportation of convicted migrants who re-offend.  

However, the agreement is poorly defined and both parties have admitted that the exact powers to be transferred have not been specified. Junts says it is a full transfer of powers, while the Socialists say it will only be in matters related to integration. 

Deportation of convicted migrants who re-offend 

One of the issues that Junts considers crucial is that the Catalan government should be able to decide whether to deport convicted migrants who re-offend.  

Junts has brought this debate to the forefront of the political debate after several municipalities experienced an increase in crimes committed by repeat offenders. 

However, the Spanish government has already ruled out this possibility, with Spanish PM Pedro Sánchez saying in an interview with El País newspaper that the deportation of migrants was the responsibility of his government.  

This week, both Sánchez and other Socialists added that border control, asylum powers and the fight against illegal immigration would also remain in the hands of the Spanish government.

Delegated, not transferred: Junts and Socialists' constitutional maneuver

The Spanish Constitution is clear that the powers of immigration, foreign affairs and asylum are "exclusive" to the Spanish government. However, the Constitution contains a loophole in Article 150.2, on which Junts and the Socialists rely.   

The article states that the Spanish government can "transfer or delegate" to the autonomous communities "powers corresponding to matters of state property that are susceptible to transfer or delegation." 

For this reason, both Junts and the Socialists speak in their agreement of a "delegation" of powers instead of a "transfer", which suggests that the powers will remain with the Spanish government but will be executed by the Catalan executive.

The Spanish government has already announced that this change will be implemented through a special organic law to be processed and approved by Congress.

While the Constitution does not specify which powers could be transferred or delegated, it emphasizes that the transfer must be accompanied by an appropriate allocation of resources. 

Catalonia's migration focus: Integration

The Socialists have also explained that the issues that will be transferred from the Spanish to the Catalan government will be related to the integration of migrants. However, Catalonia is already involved in these integration efforts. So what exactly is Catalonia's current role in migration? 

Migration powers are defined in the 2006 Statute of Autonomy of Catalonia, which states that the powers of the Catalan government in matters of migration are primarily focused on the reception and social and economic integration of migrants in the region.   

This includes social welfare and health measures, as well as community participation, the development of integration policies, and the establishment of a legal framework for reception and integration. 

In 2010, the Catalan Parliament approved a law on the reception of migrants and returnees in Catalonia, which addresses issues such as access to the education system and the learning of basic language skills for newcomers.  

In terms of specific initiatives, the government has set up advisory channels and offices to support the recognition of qualifications. Policies for the initial reception of migrants are delegated to local administrations in municipalities with more than 20,000 inhabitants.