Pedro Sánchez addresses the media after the EU summit. Credit: La Moncloa (video screenshot).
Spain’s decision to legalise thousands of illegal immigrants has led to a fresh European Union clash. Denmark, Italy and Poland challenged Spain’ s approach at a heated summit in Brussels on Friday, October 16. Spanish Prime Minister Pedro Sánchez was forced to defend his country’s immigration policy against increasing criticism from other EU leaders.
The issue is Spain’s unique regularisation programme, which is estimated to benefit around 600,000 migrants living in Spain. While some EU governments fear the move will encourage further illegal migration in Europe, Spain says it is helping people living in the country become legal workers.
Political tensions have been high, but there has been no decision to put a hold on Spain’s regularisation programme. The European Commission has not declared it illegal.
Why Denmark and other EU countries are challenging Spain’s migrant regularisation
The conflict intensified on Friday, when Danish Prime Minister Mette Frederiksen called on the European Commission to investigate the effects of Spain’s policy.
As she walked into the second day of the European Council, Frederiksen accused Spain of adopting a different approach from other European governments.
According to Euronews, the Danish leader said Spain’s decision went against the trend in most of the EU countries on migration.
The problem, she says, is that allowing large numbers of undocumented migrants to obtain legal residence status could be a pull factor for others, who might then try to get into Europe illegally.
Denmark was not alone in raising objections. Italy and Poland, in addition to Copenhagen, sought to alter the official conclusions of the summit to include more ambitious language on national immigration policies that may affect other countries.
The amendments entailed calls to discourage any actions that could contribute to irregular migration and to increase cooperation among EU governments.
Austrian Chancellor Christian Stocker also expressed his disapproval of Spain’s regularisation policy. He called it a negative signal for Europe.
In the Czech Republic, Prime Minister Andrej Babis raised concerns about migration within the EU and said border control may be necessary.
The disagreement is particularly striking because Frederiksen and Sánchez both belong to Europe’s social democratic political family, even if they take very different views on immigration.
The debate over the way in which European governments should deal with irregular migration is part of a broader debate about how European governments handle this type of migration. Some advocates for greater enforcement, while others favor integration and legal work.
Pedro Sánchez hits back as EU leaders debate Spain’s immigration policy
Sánchez refuted the criticism at a press conference after the summit. He said that Spain’s performance in dealing with irregular migration was being misrepresented.
The Spanish prime minister defended his government’s cooperation with countries of origin and transit, as well as its efforts to curtail irregular migration.
He cited the issue of border controls, the return of migrants, and the capture of migrants trying to enter Spanish territory as evidence that the country took its migration laws seriously.
Sánchez also refuted the claim that Spain is helping migrants relocate to other EU countries.
His government maintains that providing legal status to individuals already living in Spain will help fight illegal work, facilitate access to workers’ rights, and increase the tax and Social Security system.
The confrontation extended beyond Denmark and Spain. The French President, Emmanuel Macron, argued for more European solidarity. He also stated that migration disagreements are hindering the EU’s ability to act.
European Commission President Ursula von der Leyen, however, pointed out the need to implement the EU’s Migration and Asylum Pact, strengthen the external border control, and improve collaboration between the member states.
The dispute also affected negotiations over the summit’s final conclusions.
Denmark, Italy and Poland were in favor of including language that would caution against the use of national measures to encourage irregular migration. However, the more vigorous language put forth during negotiations was not included in the final version.
The decision at the Council of Ministers was a clear indication of the differences between member states, but it did not result in a ruling overturning Spain’s immigration policy.
What the EU dispute means for migrants living in Spain
For the migrants who are already in the special Spanish regularisation process, the immediate question is whether this European rift could affect their applications for residency.
For now, the answer is that no suspension or cancellation has been announced. Spain’s program was formally approved in April 2026, with applications accepted between April 16 and June 30.
According to the Spanish government, the regularisation programme was open to eligible undocumented migrants who arrived in Spain before January 1, 2026, and could prove at least five months of continuous residence at the time of application. People who had applied for international protection before that date could also qualify, subject to the relevant requirements.
The successful applicants can obtain a first-year residence and work permit that will allow them to work legally in Spain.
However, such a permit does not automatically give the right to live or work in another EU country.
This is important because one of the key issues that other European governments have raised concerns about is the potential impact of national immigration policies on the Schengen area.
European countries work together to manage immigration and borders, but they remain largely sovereign on the issue of issuing residence permits under regularisation schemes within their borders. The EU member states, while collaborating on immigration and border management issues, still make the final decision on issuing national regularisation permits, which are subject to European law.
European Commission can review national actions to ensure they meet EU regulations, but the European Commission is not a body that can invalidate residence permits issued by Spain simply because other governments are naysaying.
There is also an important distinction between the estimated number of potential beneficiaries and the number of people who have actually received legal status. The figure of 600,000 should not be interpreted as confirmation that 600,000 residence permits have already been granted.
The program’s real value to residents and employers in Spain is that it permits the eligible to work legally, enjoy social security benefits and move from an administratively ambiguous situation into the country’s formal economy.
The disagreement in Brussels has left the two competing agendas. Spain’s priority is to register people already living in its borders, while other countries worry about the broader impacts.
