Final green light by the European Parliament on the Return Regulation: detention and deportations become the new norm

Yesterday, the European Parliament adopted the Return Regulation – better called Deportation Regulation – after months of political negotiations marked by false narratives, political propaganda and a constant sense of urgency.  

The Regulation will take effect in two steps: while some provisions are applicable immediately, most measures will apply one year later. Notably, those that take effect immediately are measures related to externalisation, including the establishment of so-called “return hubs” in third countries. 

The Regulation represents a significant and deeply concerning shift in the rules governing return procedures in the EU, pushing them the furthest away from protection of fundamental rights and towards deportations at all costs. Over 250 CSOs, including ActionAid, have consistently called for a rejection of this proposal for the many alarming provisions it includes. Key concerns regard: 

• An expansion of the countries to which people can be forcibly returned, beyond their country of origin or formal habitual residence, to countries of transit, countries where they may have a right to reside, so-called safe third countries, first countries of asylum, or countries hosting EU return hubs. As a result, people – including children – may be deported to states where they never set foot on before. 
• The possibility to strike formal agreements or informal arrangements with third countries for the establishment of “return hubs” to deport individuals who received a return decision. These hubs will likely result in offshore detention centres, away from any form of democratic scrutiny and blurred legal accountability in case of human rights violations. Families with children can also be deported to the hubs, that can either function as ‘final destination’ (albeit in a country where the person has never been before) or as transit zone, from which to be further returned. 
• A massive expansion of grounds for detention, coupled with the extension of the detention time up to 2 years (which can further be prolonged in some circumstances)  
• The use of ICE-style investigative measures by law enforcement authorities, including the search of homes or other premises, seizing personal belongings, collection of biometric data – all of which may be carried out without the individual’s consent.  
• The introduction of far-reaching, and unrealistic, obligations of cooperation for people who are subjected to a return decision, coupled with a wide range of sanctions for non-cooperation. 

All these measures will especially harm most vulnerable groups – including families and children – and racialized people in Europe, who could be subjected to increasing racial profiling by law enforcement authorities in this “deportations rush”. Today’s vote marks a profound departure from a rights-based approach to migration governance, towards an approach that prioritises deportations and externalisation at all costs. This comes at the expense of fundamental rights, legal certainty, access to effective remedies, and safe and inclusive communities where everyone – despite their status – can feel protected.