The dreaded changes to the grandkids law that gives nationality to Hispanic Latinos

In the heat of Spain’s general election, to be held on Sunday, July 23, the law of democratic memory, known as the Law of the Grandchildren, which took effect in October 2022, will also undergo a litmus test.

The rules, approved under the leadership of Spanish government president Pedro Sánchez, “benefit all children and grandchildren of Spanish descendants in Cuba and anywhere in the world,” says El Nuevo Herald.

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Sánchez argues that “since the Spanish Constitution of 1978 was based on a broad social and political commitment to overcome the grave and deep wounds of the civil war and dictatorship, “memory is a matter of state and that is why we promoted the passage of this law”.

Through this legal instrument, the firm of Echeverría Abogados states, “those who are children or grandchildren of Spaniards can apply for Spanish nationality, even if their predecessors had lost it because of political, ideological, religious beliefs or sexual orientation and identity reasons.”

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However, the grandkids law, “which opens the way to Spanish nationality for Hispanic Americans of Hispanic descent”, is a cause for concern, as it was the subject of debate and campaigning, as it was included by the candidates “in their election manifestos to win the presidency of the Spanish government”.

In Echeverría Abogados they refer that “this new law does not set an age limit for applicants and interested parties have two years from the entry into force to carry out the process of Spanish nationality by option, with the possibility of extension for another year”.

Elections for the Cortes Generales will be held on July 23, in which 37,466,432 voters can participate.

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Will there be changes to the Spanish law on grandchildren?

El Nuevo Herald explains that the politicians of the Spanish Socialist Workers’ Party (PSOE) want to “keep the current democratic law of remembrance as it is, by extending its duration a little longer”.

According to the law on democratic remembrance, the outlet points out, “the application for nationality must be formalized within two years of the entry into force of this law, that is, until October 2024.”

After that, the Council of Ministers can “accept the extension for another year”.

Meanwhile, the politicians of the People’s Party (PP), together with the Vox party, plan to “repeat and reform this law for grandchildren”, although no details are known.

With less optimism, some lawyers estimate that if the PP wins alone or with Vox – the far-right party – the LMD or Grandchildren Law “won’t last September”.

If the People’s Party wins, what will happen to the Grandchildren Act?

Alberto Núñez Feijóo, the PP’s standard-bearer for the presidency of the government of Spain, claims he will revoke the democratic remembrance law if he wins the election, with or without Vox’s support.

According to what he told the media, the “nationality law should be far from partiality and not linked to ideology, so that all descendants who are entitled to it can get it back.”

In El Nuevo Herald they emphasize that “in their election manifesto, a document of more than 100 pages, in the justice and administration section ‘highlights the repeal of the democratic law of remembrance and the adoption of a new ordinance that strengthens democratic principles and national reconciliation’.”

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If the PSOE candidate wins, what will happen to the grandchildren law?

The vision of the Grandchildren Act is very different:

If the current president of the government, the PSOE candidate Pedro Sánchez, wins, few changes are expected in that area.

The “most expected” of the beneficiaries is that the validity period of the LMD will be slightly extended, so that more descendants of Spaniards have time to apply for Spanish nationality.

Pedro Sánchez emphasizes in his election program, a text of almost 275 pages, that if he extends another term of the presidency, “we will develop the democratic law of remembrance in its entirety”.

“We will continue to extend the recognition of Spanish nationality to descendants abroad, under the democratic remembrance law,” he promised.

Enter here to learn more about the law of democratic memory or the law of the grandchildren