A controversial proposal designed to accelerate the return of irregular migrants from the European Union has ignited a debate among policymakers, rights groups and migration experts.
The draft legislation, known as the EU Return Regulation, was approved at committee level in the European Parliament this week.
It aims to create a “Common European System for Returns,” which the European Commission says would make deportation procedures across EU member states faster, more efficient and more consistent.
Supporters of the reform argue that current deportation rates across the EU remain low and that the bloc needs a coordinated approach to ensure migration rules are enforced more effectively.
However, critics warn that some provisions in the proposal could significantly expand enforcement powers and potentially undermine fundamental rights.
One of the most debated elements of the proposal is the creation of so-called “return hubs.”
These would be deportation centres located outside the European Union where migrants whose asylum claims have been rejected could be transferred while awaiting removal to their home countries.
The draft regulation would also allow authorities to detain migrants for up to two years in cases where officials consider detention necessary to enforce their return.
Human rights organisations say these measures raise serious concerns.
In early February, around 70 non-governmental organisations issued a joint statement warning that aspects of the proposal could pave the way for enforcement practices similar to those associated with the US immigration agency Immigration and Customs Enforcement (ICE).
The agency has long been criticised by activists and civil liberties groups for its immigration raids and detention practices in the United States.
The NGOs argue that provisions requiring EU countries to adopt “efficient and proportionate measures” to detect irregular migrants could be interpreted broadly by national authorities.
According to campaigners, such detection measures could potentially include police searches of private homes, law-enforcement operations in public areas, racial profiling or the increased use of surveillance technologies.
Some organisations say similar reporting mechanisms already exist in certain European countries. The Platform for International Cooperation on Undocumented Migrants (PICUM) has pointed to legislation in Germany as an example.
Under Section 87 of Germany’s Residence Act, many public authorities are required to report undocumented migrants to immigration enforcement authorities. Schools and some care institutions are among the limited exceptions.
The law also requires social welfare offices to notify immigration authorities when undocumented migrants approach them seeking healthcare coverage.
Silvia Carta, a policy officer at PICUM, warned that the proposed EU regulation could broaden investigative powers if its provisions are not clearly defined.
“This would potentially open the door to police raiding houses of people suspected of hosting migrants, as well as offices and shelters run by humanitarian organisations,” she said.
However, the European Commission strongly rejects comparisons with US immigration enforcement practices.
A Commission spokesperson told Euronews’ fact-checking team, The Cube, that the proposal does not require public services to report undocumented migrants to authorities.
Officials also insist the regulation does not allow police raids in private spaces, racial profiling or intrusive surveillance technologies.
The Commission says the proposal fully complies with international law and includes safeguards to protect the fundamental rights of migrants during return procedures.
Despite those assurances, rights groups argue the protections remain too vague and could be interpreted differently across EU countries.
The legislation is still in the early stages of the EU law-making process. It must still be approved by the full European Parliament and negotiated with EU member states before any final version of the law can be adopted.