EU agrees on new return rules with deportation centers in third countries

What the 'Return Hubs' specifically entail

The core of the new regulation is the establishment of so-called "Return Hubs" in countries outside the EU. These are to be used when countries of origin do not take back their nationals or when diplomatic relations are lacking. The individuals concerned would then be accommodated in these third countries, which in return would likely receive financial resources or visa facilitation. Until now, the EU has lacked such a legal framework for third-country solutions.

The regulation also stipulates that rejected asylum seekers will be obliged to cooperate with their own deportation if they wish to avoid detention. EU-wide reductions in subsistence benefits and the seizure of travel documents will become possible. Families with children can be deported in the future; unaccompanied minors are excluded. Detention for deportation purposes can be imposed if authorities determine a risk of flight or a threat to national security.

The maximum permissible duration of detention for deportation purposes will be extended to two years, with a possible extension of an additional six months in special cases. Currently, the maximum duration in most member states is significantly shorter. The EU Commission had emphasized that more than two-thirds of migrants required to leave the EU are not returned to their countries of origin.

EU Commissioner for Home Affairs, Magnus Brunner, welcomed the agreement, stating that the EU now has 'more control over ensuring that returns are consistently implemented.' The Austrian is a member of the EU Commission. According to Commission figures, irregular border crossings and asylum applications in the EU have recently decreased, while the number of deportations increased last year.

Germany's role in seeking third countries

In Germany, Federal Minister of the Interior Alexander Dobrindt (CSU) announced that agreements with third countries would be concluded by the end of the year. Germany is working with other EU member states on corresponding agreements, according to its own statements. In addition to Germany, at least five EU countries are in talks with third countries, including Austria, the Netherlands, Denmark, and Greece, according to information from the DPA news agency. Potential locations are predominantly in Africa.

An agreement between Italy and Albania, which provides for the outsourcing of detention for deportation and asylum procedures, is considered a model. However, this model is currently before the European Court of Justice (ECJ), and a final decision is pending. The United Kingdom's attempt to relocate asylum procedures to Rwanda proceeded differently: the project cost over 800 million euros according to reports and failed. The Labour government under Prime Minister Keir Starmer scrapped the plan after the change of government.

The political majority was achieved because the EPP, led by CSU politician Manfred Weber, cooperated more closely with right-wing factions in the European Parliament than previously known. According to DPA research, there was a chat group and a personal meeting between staff from both sides. AfD MEP Mary Khan expressed satisfaction, stating that this would create the basis for 'finally bringing order to European migration policy.'

Political majority and criticism

Criticism came, among others, from SPD MEP Birgit Sippel, who spoke of a 'merciless deportation policy' that was incompatible with the German Basic Law, the EU Charter of Fundamental Rights, and the principles of the rule of law. French Green MEP Mélissa Camara called the outcome "shameful" and spoke of "a historic setback" for human rights in the EU. She also criticized the legalization of "Return Hubs" outside the EU, the possibility of detaining minors, and "home visits inspired by ICE practices": "the legal arsenal serving a xenophobic ideology is now complete."

International aid organizations also expressed sharp criticism. Marta Welander, spokesperson for the International Rescue Committee (IRC), warned: "This deal will give governments much broader powers to detain and deport people." The regulation threatens to normalize "immigration raids" and expand "detention in prison-like facilities outside EU territory," "that are essentially legal black holes." Furthermore, the risk of people being deported to countries where they face persecution, torture, or worse is increasing. The aid organization Caritas stated that with the deportation centers, the EU is outsourcing its responsibility. The network Picum warned of increased surveillance and discrimination of deported individuals in countries "where they have never set foot."

Formal approval still pending

Silvia Carter, spokesperson for the Brussels-based Platform for International Cooperation on Undocumented Migrants, said: "The Regulation is going to create a draconian detention and deportation machine." Comparing it to the US immigration police ICE, she added: "Across the Atlantic, we see the violence and fear created by ICE's brutal immigration enforcement. Europe should be learning from the harms of that model, not building its own version of it." Human rights organizations and church associations also warned of a "criminalization of migration."

Before the new regulation can enter into force, the European Parliament and EU member states must formally approve it. After publication in the Official Journal of the EU, it will enter into force; individual provisions will only apply after a transitional period of twelve months. EU Commission President Ursula von der Leyen, who belongs to the Christian Democratic EPP, stated that the new measures should prevent a repeat of the 2015 migration crisis, when around one million people applied for asylum in the EU.