In a move that represents a radical shift in immigration policies within the Old Continent, the European Council announced today, on the sidelines of a meeting of the interior ministers of the twenty-seven countries, that it had reached a political agreement on a new European law aimed at reformulating the system for dealing with illegal immigrants.
This unified European move aims to accelerate and simplify the procedures for the return of people residing illegally in EU countries, amid escalating political and social pressures within member states to curb irregular migration flows.
The context of the crisis and the need for reform
This law did not emerge in a vacuum; rather, it is the product of years of heated debate following the major migration crisis of 2015. EU member states face significant challenges related to the low rates of deportation enforcement, with official European statistics indicating that only a small percentage of migrants issued deportation orders are actually removed. The new legislation aims to close legal loopholes that some have exploited to avoid deportation and to standardize the criteria that previously varied considerably from one country to another.
Standardized procedures and strict commitments
The new law includes a set of EU-wide return procedures, eliminating discrepancies between member states. It requires those without the right of residence to comply with these procedures immediately. It also imposes strict obligations on returnees, including:
- Comply with the decision to leave the host country.
- Full cooperation with the relevant authorities.
- Providing personal documents and biometric data to facilitate the identification process.
In the event of non-cooperation, the law gives member states the green light to take punitive measures, such as refusing or reducing certain social benefits and rights, or imposing criminal penalties that may include imprisonment in certain cases.
Return centers in third countries
One of the most significant points included in the agreement, and one that may raise legal concerns, is the authorization for member states to establish “return centers” in third countries (outside the European Union). These centers will serve as temporary holding points for irregular migrants before their eventual return to their countries of origin, a move that reflects Europe’s desire to shift part of the burden of managing migration beyond its borders.
National security and timetable
The new law prioritizes national security, stipulating special measures for individuals deemed a threat to public safety. These measures include long-term or even permanent entry bans, as well as the possibility of extending detention periods to ensure they do not abscond before deportation. The law also strengthens cooperation among member states through the mutual recognition of return orders, meaning that a deportation order issued by one country will be valid throughout the EU.
This system is expected to come into full force within two years of the law being formally adopted, the period granted to member states to adapt their domestic laws to the new European legislation.
