Photo: Amnesty.org
EU interior ministers have agreed on a negotiating position for a new EU Return Regulation that would introduce unprecedented measures of detention, surveillance and sanctions based on migration status. Human rights groups warn that the proposals significantly weaken safeguards and mark a profound shift in Europe’s migration policy.
Detention as the default mechanism
Under the Council’s agreed position, detention would become the standard response for people subject to deportation orders. Migrants could be held for up to two and a half years, with the possibility of indefinite detention for those deemed a threat to “public order” or “public security”.
Rights groups argue that this framework allows authorities to sidestep criminal justice protections by relying on administrative detention.
Expanded surveillance and penalties
The proposed regulation broadens the obligations imposed on people facing deportation and increases sanctions for non-compliance. Many of these requirements may be impossible to meet in practice, particularly for individuals lacking identity documents or stable housing, exposing them to prolonged detention.
The measures would also allow searches of homes or “other relevant premises” and the seizure of property, raising concerns about mass surveillance, discriminatory policing and racial profiling.
Return centers outside the EU
Member states continue to push for the establishment of so-called return or deportation centers outside the EU. These facilities would involve transferring people to third countries with which they may have no meaningful ties, where they could be detained for extended periods. Amnesty International warns that this approach mirrors some of the harshest practices seen in the United States and violates international law.
Reduced safeguards and legal remedies
The draft rules would restrict the ability to challenge deportation decisions and weaken independent human rights monitoring during return procedures. At the same time, member states seek to retain the option to introduce even stricter sanctions and detention grounds under national law.
Part of a broader asylum overhaul
The return regulation is being negotiated alongside other controversial reforms, including changes to the “safe third country” concept and the EU list of safe countries of origin. Taken together, Amnesty International says, these measures risk undermining the right to territorial asylum in Europe and eroding human dignity.
As International Investment experts report, the Council’s approach to the EU Return Regulation signals a decisive move toward a more punitive migration framework. While it may deliver faster removals in the short term, it also raises significant legal, political and reputational risks for the EU, with potential consequences for courts, border management and relations with third countries.