At the beginning of June, representatives of the EU member states, the European Commission and the European Parliament reached a provisional agreement to tighten the bloc’s migration rules. If adopted, the legislation would allow member states to send migrants ordered to leave the European Union to so-called return hubs in countries outside Europe.
“With the new rules, we have more control over who can come to the EU, who can stay and who needs to leave”, said Magnus Brunner, EU Commissioner for Home Affairs and Migration.
The Deal Is Not Yet Law
The agreement follows negotiations over a proposal presented by Brunner last year. However, it has not yet become law. The legislation must still be approved by both the European Parliament and the governments of the member states.
According to Eurostat, 491,950 third-country nationals were issued with an order to leave an EU country in 2025, while 135,460 were returned to a third country following an order to leave. The European Commission said the return rate rose to 28% in 2025, its highest level in a decade, but remained too low.
The proposed legislation is intended, among other things, to increase the number of removals. The plans have been criticized by several human rights organizations and advocacy groups working with migrants.
Stricter Enforcement Measures
Under the proposal, authorities would be granted broader powers to locate and remove irregular migrants who fail to comply with orders to leave the EU. The measures could include searches of homes and other relevant premises.
The legislation would also allow the establishment of return centers in Africa and Asia. EU member states are already discussing potential arrangements with third countries. Kazakhstan, Rwanda, Uzbekistan and Uganda have been mentioned in public discussions, while Germany and France are reportedly pushing for rapid implementation.
If the law is adopted, migrants could be detained for up to two years pending removal, with a possible extension to 30 months.
This would represent a significant increase from the current maximum detention period of 18 months. Individuals who refuse to comply with removal orders could also face reductions in social benefits and other forms of assistance.
Concerns Raised by Activists
Human rights organizations and groups assisting asylum seekers argue that some of these practices are already taking place and have intensified in recent months.
They point to cases in which individuals with recognized refugee status have reportedly been deported from Germany and other countries to Greece and other EU border states.
According to these groups, authorities have in some cases carried out night-time searches to detain individuals and transfer them to detention facilities or airports for deportation, sometimes without allowing them to collect personal belongings.
Minos Mouzourakis, a lawyer and representative of the Greek organization Refugee Support Aegean, said the proposal could become “a recipe for extremely harmful and extremely dangerous practices” in Europe.
French Green MEP Mélissa Camara criticized the agreement, saying: “The legalization of return centers outside the European Union, the green light for the detention of minors, home visits inspired by the practices of US Immigration and Customs Enforcement: the legal arsenal serving xenophobic ideology is now complete”.
Tougher Entry Bans
Under the proposal, migrants deemed by authorities to pose a security threat could face permanent bans on entering the European Union. Current rules generally limit such bans to a maximum of 10 years.
The measures would apply to migrants whose asylum applications have been rejected, as well as those who have overstayed visas or otherwise lack a legal right to remain in the bloc.
“For years, Europe sent the worst possible message: even if you had no right to stay, chances were high that nothing would happen. That period is coming to an end. If you do not have the right to stay in Europe, you will have to leave”, said François-Xavier Bellamy, a French member of the European Parliament from the European People’s Party.
While return centers could be established relatively quickly, most other measures would not take effect until the legislation has completed the EU approval process.