The Supreme Court Gives the Green Light to the Decree on the Regularization of Foreigners

The Supreme Court has ruled against it. The Fifth Chamber for Contentious-Administrative Matters has denied the request for a preliminary injunction against Royal Decree 316/2026—the so-called “foreigners’ regularization decree.” Thus, the decree remains in effect, despite appeals filed by the Valencian Regional Government and the Community of Aragon.

The rulings, dated July 8, 2026, address the injunctions sought by both regional governments. Valencia sought to halt sections eleven and twelve of the decree, which add two additional provisions to the Immigration Regulations. Aragon also sought a stay. But the court rejected the requests. It did so using arguments it had already put forward in previous cases, such as appeals Nos. 98/2026 and 100/2026.

Why wasn’t it suspended? Because the Supreme Court considers that there has been no substantial change in circumstances compared to previous decisions. Furthermore, it maintains that the harms alleged by the autonomous communities are neither irreparable nor irreversible. The Chamber notes that the authorizations granted by the decree are valid for one year and are renewable, which allows the situation to be reversed if the regulation is ultimately overturned. And it adds a key point: there is a “particularly compelling” public interest—not only economic, but also humanitarian. The decree seeks to integrate foreign nationals who have been in Spain for years without proper documentation due to circumstances beyond their control.

The court has also weighed the interests of these individuals. Suspending the decree, it says, would keep them in an irregular status. And it has ruled out applying the fumus boni iuris (prima facie case) standard because the decree’s invalidity is not evident at this stage. What about referring the matter to the Court of Justice of the European Union? The Supreme Court has set that aside: it is not the appropriate procedural moment.

Note that this does not resolve the merits of the case. Appeals against Royal Decree 316/2026 are still pending before the Third Chamber. In the meantime, the decree remains in effect. If you’re thinking of taking advantage of this regularization, the path is still open. But keep an eye on the deadlines and requirements, because any future changes could affect you. Take action if you’re interested.

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