US embassy cable - 05MADRID2266

UNCLAS SECTION 01 OF 03 MADRID 002266 
 
SIPDIS 
 
DEPT FOR EUR/WE, CA/EX AND CA/FPP; ALSO FOR 
CA/OCS/ACS/EUR/WE, CA/VO 
 
 
E.O. 12958: DECL: N/A 
TAGS: PGOV, PREL, SMIG, CMGT, CVIS, SP 
SUBJECT: SPAIN LEGALIZES STATUS OF NEARLY 691,000 ILLEGAL IMMGRANTS 
UNDER AMNESTY PROGRAM 
 
 
REF: (A) 04 MADRID 3701, (B) MADRID 517 
 
1.  (U) Summary:  Spain concluded its three-month amnesty 
program for illegal immigrants having collected more than 
691,000 petitions nationwide.  Officials at the Ministry of 
Labor and Social Affairs stated they expect to approve 80% to 
90% of the petitions.  New immigrants earnings could generate up 
to USD 2.8 billion (1.5 billion euros) for Spain's national 
social security program in the coming year.  However, some 
immigrant and human right groups have pointed out that there may 
be as many as one million illegal immigrants who did not qualify 
for legal status under this recent amnesty program.  Remaining 
undocumented immigrants may still apply for legal status under 
Spain's Foreign Alien Law, but they would face tougher work and 
residency requirements.  It is unlikely that unqualified 
immigrant petitioners will be forced to leave the country given 
that immigration authorities carried out only 26% of the 50,000 
deportation orders they issued in 2004.  Both the opposition 
Popular Party and European Union have continued their criticisms 
that the Zapatero government's immigration policy could attract 
more illegal immigration and generate disagreements with EU 
members on internal border security.  End Summary. 
 
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Amnesty Program Results 
------------------------ 
 
2.  (U) The Zapatero government initiated discussions in October 
2004 with immigrant groups and labor unions on granting legal 
work and residence status to illegal immigrants by modifying 
Spain's Foreign Aliens Law to provide for an amnesty program 
(ref a).  Officials stated that purpose of such a program 
would be to reduce underground economic activity of 
illegal immigrants working in Spain, and to reduce their 
alienation from Spanish society and potential for social 
conflict by providing them certain rights and access to social 
services.  By the end of 2004, the government had reached broad 
agreement with immigrants and labor groups to implement an 
the amnesty program for February to May 2005 (ref b). 
 
3.  (U)  Spain ended its three-month immigration amnesty program 
for illegal immigrants on May 7 with national immigration 
offices processing over 59,000 new petitions on that day, 
bringing the total number of petitions received nationwide to 
more than 691,000.  This total surpassed the number of petitions 
the government accepted in its six previous amnesty programs 
since 1991.  According to government figures, 21% of the 
petitioners in this year's program were Ecuadorians (135,783), 
17% Romanians (108,494), 12% Moroccans (77,284), 9% Colombians 
(54,677), among other nationals from Latin America, Eastern 
Europe, and Africa.  Madrid received 25% of all applications, 
followed by Catalonia  (20%), Valencia (15%), Andalusia (12%), 
and Murcia (7%)--all are regions with large immigrant 
populations.  Petitioners were granted one year residence and 
work authorizations if they provided proof that they had 
established residence in Spain before August 7, 2004, had no 
criminal record, and presented a Spanish employment contract for 
a minimum of six months.  However, most immigrant petitioners 
will not be registered by their employers in social security 
system and receive Spanish identity cards until July. 
 
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Spanish Minister Hails Amnesty Program's Success 
--------------------------------------------- --- 
 
4.  (U) Labor and Social Affairs Minister Jesus Caldera, who 
appeared in the press personally greeting immigrant applicants 
on the last day of the program, described the amnesty program a 
success.  He estimated that 80% to 90% of immigrant petitioners 
would be granted legal status, and taking into account the 
number of children and spouses of approved petitioners, nearly 1 
million immigrants would be granted legal status in Spain. 
Caldera emphasized that the amnesty program was "the greatest 
effort to reduce underground economic activity in all of Europe 
in the last forty years" because former illegal immigrants are 
now registered with Spain's national social security system. 
New immigrants would contribute up to USD 2.6 billion (1.5 
billion euros) to Spain's pension system, Caldera noted. 
 
5.  (U) Minister Caldera also announced that the amnesty program 
would be followed by a new Work Inspection Plan that would 
involve 500,000 public inspections of Spanish businesses to 
verify that immigrants had accurately reported their employment 
status.  The public inspections would focus on construction, 
hotels, agriculture, trade and service sector businesses.  In 
addition, employers that are found employing illegal immigrants 
after the amnesty period could be fined up to USD 80,000 (60,000 
euros) for each illegal worker.  Caldera stated that 1,700 
employees from the Department of Spanish Labor Inspections would 
complete employer investigations throughout the remainder of the 
year.  However, members of the Spanish Labor Inspectors Union 
responded to Caldera, stating they do not have the capacity to 
carry out such a massive, nation-wide investigation of all 
employers of former illegal immigrants. 
 
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Tougher Legalization Requirements For Remaining Illegal Aliens 
--------------------------------------------- ----------------- 
 
6.  (U) Immigrant labor union and human rights groups have 
argued that amnesty program left out nearly one million 
undocumented immigrants who did not qualify for legal status. 
The government has not raised the possibility of another amnesty 
process.  Caldera warned that illegal immigrants should leave 
voluntarily or face deportation unless they qualify under other 
provisions of Spain's Foreign Alien's Law.  Under this law, 
undocumented immigrants may qualify for legal status if they 
reveal a Spanish employer hired them illegally, and prove that 
they have worked a minimum of one year and lived in Spain for a 
minimum of two years.  They could also be eligible if they prove 
social ties to Spain by presenting a work contract, three year's 
residency, and family ties to Spain or an official "social 
integration" document from a Spanish municipality. 
 
7.  (U) Illegal immigrants who still fail to qualify for legal 
status are unlikely to be deported by Spanish authorities. 
Spanish immigration authorities carried out only 26% of the 
50,000 deportation orders they issued in 2004 because they could 
not identify the county of origin of the undocumented 
immigrants, or because Spain lacked repatriation agreements with 
the illegal immigrant's country of origin when it could be 
identified.  In other cases, the law allows illegal immigrants 
to avoid incarceration while their deportation orders are being 
processed.  This has given many illegal immigrants the 
opportunity to evade immigration authorities and remain living 
in Spain undetected. 
 
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Opposition Popular Party and the EU Criticize GOS Immigration 
Policy 
--------------------------------------------- ------------------- 
 
8.  (U) Opposition Popular Party (PP) officials have continued 
their attack on Goss's immigration policy with the conclusion of 
the amnesty program.  In his May 9 response to President 
Zapatero's State of the Nation speech, Popular Party President 
Mariano Rajoy attacked the government's immigration policy 
calling it a "huge trumpet call" for new illegal immigrants into 
Spain.  In one notable barb, Rajoy said word of Spain's "famous" 
immigration policy had by now "reached Pakistan."  The only 
missing elements were welcome centers in the countries of origin 
and processing immigrants for legal status upon their arrival in 
Spain.  PP Secretary General Angel Acebes and Social Policy 
Secretary Ana Pastor both issued press statements warning that 
 
SIPDIS 
unless the government now works to integrate new immigrants into 
Spanish society, Spain would experience "xenophobic behavior and 
social confrontation."  Pastor also added that the potential 
pull factor created by the amnesty program Spain could create 
confrontation with EU member states on common immigration policy 
and border security issues.  She noted that the amnesty program 
had sent a message to EU that Spain was the only EU country that 
was willing to "implement an immigration policy that has nothing 
to do with the rest of the [EU member] countries." 
 
9.  (U) EU members voiced their concerns on Spain's immigration 
policy during the May 12 G-5 Interior Ministers meeting between 
Spain, Germany, France, Italy and the UK on regional immigration 
and border security issues, according to press reports. The 
French and Germany Interior Ministers criticized the Spanish 
amnesty program for its potential pull effect of new illegal 
immigrants into the European Union.  (France, Germany, and the 
Netherlands reportedly had raised similar concerns at the EU 
level in February when Spain launched its amnesty program 
without advising other member states.)  Schilly stated 
that "respect for the Spanish decision [to grant amnesty to 
illegal immigrant workers in Spain], does not mean we will adopt 
it." 
 
10.  (U) Responding to French and German concerns, Spanish 
Interior Minister Antonio Alonso stated that the recent amnesty 
program would not affect labor markets in other European 
countries and added that Spain would offer no new immigrant 
amnesty programs.  Recent press reports have indicated that 
France, as well as other EU countries, may not recognize Spanish 
immigrants who obtained work permits and social security under 
amnesty program.  The Spanish government has thus far not 
reacted to possible action by its EU partners to deny work and 
social benefits to new Spanish immigrants who choose to 
immigrate to other EU countries.  However, Spain did agree to 
join the EU consensus on allowing member states to create random 
police controls in the event of a possible immigration crisis 
within the EU. 
 
 
MANZANARES