The EU countries and European Parliament on Monday agreed on a controversial law aimed at speeding up the return of migrants with no legal right to stay in Europe, marking the bloc’s toughest migration policy shift in decades.
Policymakers say the so-called Return Regulation is key to accelerating returns and is the cornerstone of the EU’s crackdown on irregular migration.
It also reflects a broader political shift in Europe, with conservatives — sometimes backed by the far right — pushing for a tougher approach to migration.
According to official figures, only 29% of migrants with no legal right to remain in Europe leave the EU.
“This is a really very important step in making sure that we have control over what is happening in the EU, over who comes but also who has to leave the EU,” Home Affairs Commissioner Magnus Brunner told reporters at the end of the talks.
At the heart of the law is a provision allowing EU countries to set up deportation centres outside the bloc, known as return hubs, if they conclude an agreement with a non-EU country.
“The next step is working more on migration diplomacy, together with third countries,” Brunner said, avoiding mentioning any possible third country to place return hubs.
The hubs can be either places of transit or locations where a person is expected to stay, marking a significant departure from current rules.
Most migrants can only be returned to their country of origin or to a country with which they have a proven connection. Under the new system, that requirement would be removed. Only unaccompanied minors would be exempt from being deported to a return hub, while families with children will be eligible.
Some EU countries are already working to identify potential partner countries for future return centres. Germany, the Netherlands, Austria, Denmark and Greece teamed up last March to implement the controversial project, while Italy is already running a similar scheme in Albania, with two centres accommodating fewer than a hundred migrants in total.
The law also allows EU countries to search a “place of residence or other relevant premises” of irregular migrants, a provision that NGOs and civil society compare to the notorious raids conducted by the US Immigration and Customs Enforcement (ICE).
“The provision is vague on purpose, to allow a broad interpretation in the different member states. It opens the doors to home raids and also raids in the premises of associations helping migrants and healthcare facilities,” Eleonora Celoria from Asgi, an Italian association of legal experts, told Euronews.
While she acknowledged that in many member states, police will still need a judicial warrant to enter private residences, she described the law as “worrying”, as it can encourage authorities to broaden their powers.
Other provisions include longer detention periods, tougher entry bans and new powers to locate irregular migrants.
The maximum legal detention period for irregular migrants waiting to be returned is increased from six months to two years, with a possible six-month extension and an unlimited duration for persons considered as posing a security risk.
Entry bans would also become significantly tougher, rising from five to ten years in most cases, with the possibility of lifetime bans for those considered a security risk.
Another change concerns appeals. Under current rules, deportations are automatically suspended while legal challenges are pending, while the new law would end that automatic protection, leaving courts to decide on a case-by-case basis whether a return order should be halted.
The regulation also introduces a European Return Order to facilitate the mutual recognition of return decisions across member states, but it will remain voluntary.
The implementation timeline was the most difficult issue in negotiations between the Council and Parliament. Under the compromise deal, some provisions will take effect 12 months after the regulation enters into force. The Council initially pushed for two years.
Civil society associations and left-wing MEPs have criticised the text, saying it will put migrant lives in danger and violate fundamental rights.
“The text finalised today is the result of a shameful agreement: the legal arsenal serving a xenophobic ideology is now complete,” Greens/EFA MEP Mélissa Camara told Euronews after the talks concluded.
“This regulation will create a draconian detention and deportation system, from holding people in immigration detention for up to 30 months to tearing families apart and sending people to countries they do not know,” said Silvia Carta, advocacy officer at Picum, a network of different organisations supporting undocumented migrants.
The law will now need to be formally approved by MEPs and EU countries and could enter into force as soon as next month.
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