Political anger over the placement of unaccompanied foreign minors (menas) in the Community of Madrid continues. Following the Supreme Court’s order asking the National Executive to take care of the children who are now in the custody of … Awaiting asylum or international protection in the regional government network, the Ministry of Inclusion, Social Security and Migration has proposed that they be directed to a center in Pozuelo de Alarcón, Madrid. It turns out that the building, a former Social Security training school, is the one that the municipality has reported as lacking the necessary authorization for this type of stay. The case, as ABC reported, is currently being resolved in court.
The Contentious-Administrative Chamber today made public its request to Elma Saiz’s team so that, within the “non-extendable period” of 30 days, it guarantees access and permanence in the National Reception System for International Protection of minors currently in charge of the protection services of the Community of Madrid who have requested international protection or have expressed their willingness to request it. This is the response to the precautionary measure requested by Isabel Díaz Ayuso in an appeal she presented on July 9.
These are 50 minors who would go to the Reception, Care and Reference Center of Pozuelero (Creade), the same one whose closure was decreed months ago by the mayor, the popular Paloma Tejero, because, as she pointed out, it does not have authorization to operate as such. We also learned today that Migrations filed an appeal against this closure on November 17, the day the deadline expired. Currently, 125 people, including Ukrainian refugee families (with some minors, although accompanied) and also African adults, live together in what was once a training school.
The Supreme Court’s resolution only solidifies this dichotomy of immigration policies between two governments already at odds, with Saiz and Ayuso disagreeing on the distribution of menas. The mayor of Pozuelo sent a letter yesterday reminding that there is less than a month left (January 17) until the end of the moratorium she decreed in September for the evacuation of the property. He also asks him to clarify the measures he will take to legalize the situation.
If the appeal is negative for the central government and after this ultimatum, the law provides that the town hall can send another request for a definitive period of three additional months (April 15, 2026), after which Paloma Tejero could go to court and, in addition, open an administrative sanction file, the maximum fine of which would amount to 3 million euros.
In its order, the TS reproduces the reasons for the orders of March 25, 2025 and June 4, 2025 which led the Chamber to grant the Canary Islands a precautionary measure with regard to foreign minors seeking asylum hosted in this autonomous community.
It emphasizes that the opposing parties in this appeal refer to these orders, which must be taken into account because, in essence, the approach to the problem is substantially equivalent in both cases: both refer to minors seeking asylum or who have expressed their willingness to request it, they are currently in the care of the respective requesting autonomous community, they are not integrated into the national system of reception of asylum seekers under state jurisdiction, etc., informs Servimedia.
“It is true, however, that there are appreciable differences between the two cases, which come fundamentally from the number of minors concerned, which in this case would be between the 38 recognized by the State Administration and the 50 indicated by the Community of Madrid, very far in any case from the thousands of minors who suffered from a real situation of overpopulation in the Canary Islands”, underlines the court.
Overcrowding
But, nevertheless, this circumstance of the number of minors concerned “should not prevent the adoption of the precautionary measure concerned, because it would be absurd to claim that a precautionary measure aimed at protecting the best interests of minors could not be adopted until it had been verified that their overcrowding had occurred, until that moment they were deprived of rights which, without doubt, are recognized by national and European legislation and the satisfaction of which must be sought by the Administration of the State (as we explained in the order of June 4). 2025).
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The Community applauds him
For its part, the Ministry of Family, Youth and Social Affairs celebrated this decision after the Government “disregarded” minors seeking asylum and after two years of “absence of immigration policy and having imposed a forced distribution of minors not seeking asylum in the autonomous communities, with the exception of Catalonia and the Basque Country”, reports Ep.
According to their data, in the centers of the Community of Madrid there are 106 minors in this situation: 87 who have requested asylum and 19 others who have already obtained international protection. “Now it is the government that must create its own resources to take charge of their guardianship and protection,” they defended from the ministry led by Ana Dávila.