In Spain, in the context of the extraordinary regularisation process for undocumented foreign nationals adopted in April 2026, the General Directorate of Prisons issued an internal memorandum instructing prison facilities to identify eligible foreign prisoners and actively assist them in preparing their applications. Consequently, the prison administration became involved in administrative tasks outside their usual remit, strengthening coordination with immigration offices.
In April 2026, the Spanish General Directorate of Prisons issued an internal memorandum concerning the implementation of the extraordinary regularisation process for foreign nationals, which remained open between 16 April and 30 June 2026 (see Royal Decree 316/2026).
The memorandum aimed to support eligible foreign prisoners (who represent over 30% of the prison population, equivalent to more than 15,000 people), who may fall into an irregular administrative situation upon release, in preparing their applications.
The prison administration was tasked with providing information on the extraordinary regularisation procedure, offering language support where necessary, facilitating access to the documentation required for applications (given the limited ability of incarcerated applicants to access online resources and administrative services available outside prison), and keeping statistical records of the number of foreign prisoners who have submitted applications.
The European Prison Litigation Network (EPLN) and its members and partners monitor developments in domestic prison law across Europe and provide concise analyses of the most significant changes affecting prisoners’ rights at national level. These updates are intended to support practitioners in identifying emerging European trends, drawing on comparative experiences, and strengthening their legal practice and advocacy in defence of prisoners’ rights.
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