The European Parliament voted on March 26 to approve a law aimed at speeding up the return of irregular migrants, with the measure passing with 389 votes in favor, 206 against, and 32 abstentions. This vote reflects a rightward drift in the European Parliament, with centre-right parties allying with far-right groups to pass the measure. Key provisions of the law include the creation of 'return hubs' or deportation centers outside the EU, where deported people can be held while awaiting return to their home country.
The law increases the maximum detention period for migrants deemed a security risk or likely to abscond from 18 months to up to two years. It also allows for practically unlimited or permanent entry bans on returned migrants, particularly those posing a security risk. Implementation will involve establishing return hubs through third-country agreements.
Germany, the Netherlands, Austria, Greece, and Denmark are working together to establish return hubs outside Europe, with negotiations ongoing with African countries like Uganda, Mauritania, and Benin. The law enables EU countries to return irregular migrants to third countries unrelated to their origin, as long as bilateral agreements are in place. It also allows for talks with 'non-recognised third country entities' for readmission purposes, which could include cooperation with non-democratic regimes like the Taliban.
Legal changes under the law include provisions for criminal sanctions for obstructing a return decision and broader powers for age checks. It removes the automatic suspensive effect of appeals, allowing judicial authorities to decide on a case-by-case basis whether deportation is suspended pending appeal. The law will allow deportation orders to be enforced across the whole EU, closing a loophole that allows migrants to move within the bloc to avoid being sent home.
Human rights groups have raised significant concerns. Amnesty International and the International Rescue Committee have criticized the law, warning of systematic human rights violations and a setback for refugee rights. The commissioner for human rights at the Council of Europe warned against creating 'human rights black holes' at offshore return hubs.
The law applies to people denied asylum or who have overstayed their visa, with Brussels officials noting only about one in five under a return order are deported. It aims to include families with children in deportations to third countries, excluding only unaccompanied minors. The Parliament's version removed a provision allowing authorities to search residences or other places to find migrants with expulsion orders.
The final version of the law will now be negotiated between the European Parliament and EU member states, with expectations of a smooth process due to no substantial differences.