Migratory flows are not a new phenomenon, nor are they something that contemporary societies have invented. With greater or lesser intensity, to a greater or lesser degree, migrations have always been present in the history of mankind. Always. They are an inseparable component of evolution and progress. They have never ended, nor will they end now.
However, it is true that the migratory flows recorded in Spain have increased in recent decades, except in the worst years of the economic crisis (2008-2014), when many of those who had arrived decided to leave a country in a precarious economic situation. This has generated certain changes or pressures for change in legislative, ethical and social aspects.
Let us look at some of these considerations in more detail.
Change in the last decades of the 20th century
Spanish society has undergone very powerful transformation processes in the second half of the 20th century, and migratory flows have had a lot to do with this. In this case, instead of being caused by emigration to other countries, a historical dynamic in Spain, they have had to do with the arrival of foreign citizens.
These flows have profoundly transformed the profile of Spanish society. It is not only the weight that the population of foreign origin has acquired in Spain -which, after reaching its peak in 2011 with 5.7 million people, now exceeds 5.4 million people after the resurgence of the flow of immigrants in 2014-, but also the changes it has operated on Spain's cultural roots.
The country already presents a level of multiculturalism comparable to that of the main receiving countries in the developed world, with a much greater receiving tradition. This only enriches the country and does so, moreover, with a much lower presence of xenophobic or racist behavior or policies if we compare Spain with other countries in its area of influence.
In Italy, without going any further, there has been the victory in the general elections of a post-fascist party such as Brothers of Italy, led by Giorgia Meloni. And in Sweden, in the September 11 elections, there was an unprecedented resurgence of the far right, which is likely to win power. Other countries, such as Poland and Hungary, have adopted openly racist policies. And in this context, Spain appears to be an island of resistance to the assault of intolerance on governments across the European continent.
This does not mean that there are no migratory controversies in Spain as well. In this year 2022, perhaps none has had the repercussion that the Melilla fence jumps had, where the excessive force used by the National Police, the torture and murders to which many people were subjected by the Moroccan police were denounced, as well as the continuous blackmail with which Morocco subjects Spain with its border policy.
And finally, it is also worth mentioning the large flow of refugees and immigrants arriving from Ukraine, due to the invasion of this country by Russia. In April 2022 there was already talk of some 140,000 Ukrainian refugees in Spain.
Absence of legislative changes
In any case, despite this increase in migratory flows, the number of initiatives taken at the legislative level has not been disproportionate. Quite the contrary. In this regard, it is worth highlighting the approval of Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection, as well as various partial reforms of Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration, and its implementing regulations. Also Law 14/2013, on Support for Entrepreneurs and their Internationalization, as well as the recent Royal Decree that has reformed the regulations of the Organic Law on Foreigners.
Finally, another legislative act with some impact on migration and foreigner policies has been the recent Law on Grandchildren, which started its path towards approval in the summer of 2022 by the coalition government. Although this "Law of Democratic Memory", as is its official name, is not explicitly a law focused on the regularization of migratory flows, it does have some effect on the descendants of Spaniards who can apply for the nationality of their ancestors. In this sense, this new law broadens the spectrum of people who can apply for nationality to the grandsons and granddaughters of Spaniards, in those cases in which the grandparents or parents have lost their nationality due to exile for ideological, religious or sexual orientation reasons, and even reaches great-grandchildren.
Otherwise, the last Strategic Plan for Citizenship and Integration 2011-2014 expired without a new general strategy in this area having seen the light of day so far. And precisely in these years of economic and labor crisis, the vulnerability of households formed by people of foreign origin has become evident.
Therefore, it seems that the time has come to comprehensively address the reality of the new migration scenario in Spain, from the point of view of its effects and its contribution in different areas. A broader prism that covers from the origin of the immigrants who settle in Spain to the triggers of the migratory processes themselves, among which the importance of family regrouping has increased.