The European Commission has proposed creating a European-wide system for returning illegal migrants, including entry bans for the Schengen area, and ‘return hubs’ outside Europe.

The Dutch government, which is considering plans to send failed asylum seekers to Uganda, has already welcomed the commission proposal, with minister for asylum Marjolein Faber saying return hubs are a “crucial point”.

Currently, the commission says, only around 20% of third-country nationals ordered to leave the EU comply with the decision. This is due to the countries of origin refusing re-admission, or individuals who have been ordered to leave  moving to other EU member states to avoid deportation, the EU executive says.

Part of the problem is also that EU countries have different return rules. The Commission therefore proposed a common procedure for expulsions and the creation of a ‘European return order’ with shared data, so that when a country makes an return decision, this will be recognised and enforced in all EU member states.

The draft regulation establishes rights such as free legal assistance, the possibility to appeal the decision, and incentives to encourage voluntary returns, but also the obligation to cooperate with national authorities.

In case of non-cooperation or the refusal to leave by the set date, new rules would include cuts in benefits, the seizure of travel documents, detention for up to 24 months (compared to the current 18 months), and forced returns.

According to the proposal, which has still to be agreed by the European parliament and council, people who do not have the right to stay and do not leave voluntarily or try to move to another EU country could be banned from the Schengen area for up to 10 years, a period that can be extended.

For individuals who pose a security risk, such as criminals, detention periods and entry bans could be longer.

Commission executive vice-president Henna Virkkunen said that EU asylum policy has been failing “failing” but the new rules would “put the house in order”, while internal affairs commissioner Magnus Brunner said these measures will be “fundamental to safeguard the EU’s free movement space without internal borders”.

Return centres outside the EU

The new regulation also opens the possibility to set up ‘return hubs’ in non-EU countries where people could be sent to be returned to their countries of origin. These would be based on arrangements concluded bilaterally or at EU level.

The hubs will have to be located in countries that guarantee the respect of human rights and proper treatment, the commission says, and could only host people with a final expulsion decision. It will not be possible to transfer families with minors or unaccompanied minors to the hubs.

The countries of origin of illegal migrants will also be pressured to readmit their citizens, with the threat of less trade and aid or fewer visas if they do not cooperate.

Root of the problem

Dutch MEP Tineke Strik says “much of what the regulation says could already be done and the proposal does not address the root of the problems.”

“As long as asylum seekers have to wait years for a decision and countries simply do not implement four out of five return decisions, we will not make any progress on returns,” said Strik, who represents GroenLinks-PvdA.

“It has long been proven that deportation becomes more difficult the more time passes. The only way to really improve returns is if the commission takes timely action against member states when they do not contribute to speedy returns,” she said.

The returns regulation is the last element of the European Asylum and Migration Pact to make quicker decisions on asylum applications that was approved last year and should become effective in 2026.