A Comparative Study of Chicago and Madrid
Edited By Francisco Velasco Caballero and María de los Angeles Torres
Chapter Four: Legal Status of Immigrants: Rights For Illegal Immigrants?
← 84 | 85 → CHAPTER FOUR
Legal Status of Immigrants
Rights for Illegal Immigrants?
TOMÁS DE LA QUADRA-SALCEDO JANINI, AUTONOMOUS UNIVERSITY OF MADRID
This work aims to analyze the rights of a particular group of aliens as recognized by Spanish law: those that currently live in the country and are unauthorized to do so. To this end we will study the rights that are granted to aliens without legal residency in Spain, both according to the Constitution and to the rest of Spanish law. Firstly, however, we must examine the conditions that must be met for an alien to be able to live in Spain legally, since it is the non-fulfillment of these conditions that determines whether residency is unauthorized or illegal.
With regard to aliens from outside the European Union and the European Economic Area,1 on whom our study is centered, the conditions necessary for obtaining legal residency are governed by Organic Law 4/2000 of January 11, on the rights and freedoms of aliens in Spain and their social integration (henceforth referred to as “Immigration Law”), which was modified by Organic Law 8/2000 of December 22, Organic Law 14/2003 of November 20, Organic Law 2/2009 of December 11, and Organic Law 10/2011 of July 27, among others.
In the Immigration Law mentioned above, which lists the requirements for legally entering national territory, three general situations in which an alien can legally reside...
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