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Ceuta exposed the gaps in Europe's new migration pact

When 72,000 people crossed into Spain's North African enclave in two days, the EU's recently enacted reform framework offered procedures but not solidarity.

By , Ideas Editor

Published

10 min read

Roughly 72,000 people crossed from Morocco into the Spanish enclave of Ceuta over just two days at the end of July 2026. More than 100 are reported to have died attempting the crossing. The sheer scale, the speed and the death toll made it the largest irregular border crossing the European Union has faced on its territory in modern record. It also became the first genuine stress test of the EU's Pact on Migration and Asylum, which had entered into force only weeks earlier, in June 2026. The results were not encouraging.

A crossing years in the making

The July 2026 mass crossing echoed a smaller but still striking precedent: in May 2021, around 8,000 people entered Ceuta over a single day during a period of diplomatic tension between Madrid and Rabat. That earlier episode was widely interpreted as Morocco deliberately loosening border controls to punish Spain for hosting a Western Sahara independence figure. The 2026 event was larger by an order of magnitude, and its causes appear more tangled. Analysts have pointed to several overlapping factors: renewed Moroccan pressure over Western Sahara, domestic unrest driven by the Gen-Z 212 protest movement demanding better healthcare, education and jobs, and social media mobilisation fuelled by misinformation about open borders. No single cause explains 72,000 people moving at once. What is clear is that Ceuta's geography, a Spanish city of 85,000 residents on the North African coast reachable on foot from Moroccan towns, makes it permanently vulnerable to such episodes.

Ceuta and Melilla, the other Spanish enclave further east along the coast, have been Spanish territories since 1640 and 1497 respectively, colonial remnants that create a situation found nowhere else in the Schengen area: EU land borders on the African continent. When Spain joined the Schengen agreement in 1991, Brussels worried precisely about this geography. The response was a special regime unique within Schengen, imposing exit checks as well as entry checks. Nobody can travel from Ceuta to the Spanish mainland, and thus into the wider Schengen area, without being identified by officials. Entering Ceuta without authorisation does not, in legal terms, constitute entry into Schengen. The fortifications around both enclaves have been reinforced repeatedly over three decades. They still did not hold in July 2026.

What the Pact promised

The Pact on Migration and Asylum was supposed to resolve the structural weakness that has plagued EU migration policy since the Dublin Regulation assigned responsibility for asylum seekers to the country of first entry. Southern member states, Spain, Italy and Greece chief among them, have long argued that Dublin places a disproportionate burden on them. The Pact's mandatory solidarity mechanism was designed to answer this: member states that do not take asylum seekers would instead contribute resources, funding or personnel to those that do. In theory, no frontier state would face a crisis alone.

The Pact also introduced accelerated asylum procedures for applicants from countries the EU designates as 'safe third countries'. Under the Return Border Procedure Regulation, the burden of proof shifted onto applicants to demonstrate why they should not be returned. Morocco was recently added to the safe third country list. This classification meant that many of those who crossed into Ceuta in July could be, and were, processed through fast-track procedures with limited opportunity to contest deportation.

Returns that were not quite voluntary

Spanish authorities described the returns from Ceuta as largely voluntary. The speed was remarkable: people who crossed on 30 and 31 July were being returned within days, some within hours. But the concept of voluntariness in these circumstances deserves scrutiny. Consent given inside a fast-track procedure, where the alternative is prolonged detention in overcrowded conditions and where legal advice is scarce, is not consent in any meaningful sense. Migration scholars have made this point for years, and the Ceuta returns brought it into sharp focus.

There is also a transparency problem. Little public information exists on how many of the 72,000 were properly identified by officials, how many received a formal decision on their case, or how many had any meaningful opportunity to challenge deportation. Reports from the ground describe Spanish officers physically preventing people from fleeing deportation proceedings and ignoring direct requests not to be returned. Some of those deported were not Moroccan nationals but citizens of other African countries, sent back to Morocco despite well-documented concerns about the treatment of sub-Saharan and other African migrants in Moroccan detention facilities.

Solidarity in reverse

If the fast-track returns raised questions about the Pact's procedural safeguards, the political response raised questions about its solidarity mechanism. Italy was the first member state to call for Spain's suspension from the Schengen area. Rome was swiftly backed by a number of other governments. Italy and Denmark then presented a letter, signed by 22 member states and endorsed by Migration Commissioner Magnus Brunner, demanding an emergency meeting. The letter's focus was not the humanitarian emergency in Ceuta but rather Spain's recent regularisation policy, which it cast, without evidence, as a 'pull factor' responsible for the crisis.

The irony is sharp. A Pact built on the principle that frontier states should not face pressure alone produced, at the first real crisis, a coordinated political attack on the frontier state in question. Italy did temporarily suspend Schengen rules, reimposing border checks. The European Commission eventually contained the political damage, praising Spain's swift operational response and promising financial assistance. But the pattern was clear: when pressure mounts, national interest dominates, and the institutional architecture of solidarity amounts to words on paper.

The enclaves' impossible geography

Ceuta and Melilla occupy a position that no amount of EU legislation can resolve. They are European territory on the African continent, surrounded by a neighbour that has demonstrated both a willingness and a capacity to use border pressure as a diplomatic instrument. Morocco's relationship with Spain has improved at various points over the past decade, but Rabat's readiness to loosen border controls when it sees fit, as it did in 2021 and again in 2026, means that the enclaves remain perpetually exposed. The special Schengen regime, exit checks, heavy fortifications, bilateral cooperation with Moroccan border police, reduces the flow during normal times. It does not prevent a crisis when Morocco decides, or when domestic conditions in Morocco overwhelm the border apparatus regardless of government intent.

This is not a problem the Pact addresses. The Pact assumes that crises can be managed through faster procedures and better coordination. It does not grapple with the underlying geopolitical reality: that the EU has two small pieces of sovereign territory embedded in a neighbouring country with its own interests, its own domestic pressures, and its own leverage. Every time Morocco tightens or loosens its border, it shapes the migration reality on the ground more decisively than any regulation passed in Brussels.

Outsourcing the problem

One consequence of Ceuta has been to accelerate a trend already visible in EU migration policy: the deepening of partnerships with third countries as a primary mechanism for managing arrivals. Italy, Denmark, Austria and the Netherlands are now reportedly weighing proposals to establish 'return hubs' in Rwanda, Ghana and Uganda, countries where migrants who have no right to remain in the EU would be sent pending deportation or local processing. The model borrows from the UK's Rwanda scheme, which has itself faced intense legal and political challenge.

The appeal for governments is obvious. Return hubs shift the political problem off European territory and reduce the domestic visibility of deportations. But the risks are substantial. Human rights organisations have warned that such hubs could become what they term 'black holes', places where people are held without effective oversight, access to legal representation, or assurance of safe conditions. The Ceuta returns already illustrated this concern: deporting non-Moroccan nationals to Morocco, a country where their treatment is poorly monitored, is a version of the same logic on a smaller scale.

There is also a strategic vulnerability. Agreements with third countries can reduce pressure on a specific border for a time, but they create political dependencies. When diplomatic relations break down, as they periodically do, the arrangement collapses and the pressure returns. A migration policy that relies increasingly, and sometimes almost exclusively, on these agreements is building on a foundation that another government can withdraw at will. Morocco's behaviour in both 2021 and 2026 demonstrates the dynamic clearly.

A structural preview, not an isolated failure

The Ceuta crisis is best understood not as an aberration but as a preview of what the Pact's architecture makes structurally likely. Faster asylum procedures mean thinner safeguards. Mandatory solidarity, in practice, means member states attacking the frontier country facing the crisis. Deeper third-country partnerships mean greater dependency on governments whose interests do not align with the EU's and whose human rights records are, to say the least, uneven. The Pact does not create these dynamics from nothing; they have been building for decades. But it codifies and accelerates them.

For people attempting to cross borders, the consequences are direct: more deaths at borders, faster returns with fewer procedural protections, and growing reliance on countries where their treatment is largely unmonitored. For member states on the EU's external borders, the consequence is a solidarity mechanism that exists in name only. For EU citizens, the consequence is a politicised management of migration that generates precisely the insecurity and fear that populist parties exploit, a cycle the Pact does nothing to break.

None of this is inevitable in the abstract. It is the result of political choices, reproduced by EU institutions and member states over many years. Reducing what happened in Ceuta to Moroccan disinformation or geopolitical manoeuvring, as some officials have done, obscures the responsibility of European decision-makers. It also obscures the fact that the people crossing are not instruments of state strategy but individuals moving for reasons, economic desperation, political repression, social collapse, that border enforcement alone cannot address. Frontex, the EU's border and coast guard agency, can reinforce fences; it cannot resolve the conditions that bring 72,000 people to them in two days.

Sources

  1. The Loop

    theloop.ecpr.eu · 2026-08-18

People mentioned

  • Magnus Brunner

    European Commissioner for Migration, European Commission

Organisations

European Commission · European Union

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