Human Rights Watch (HRW) has condemned the European Union’s proposed “Returns Regulation” for undocumented migrants, labeling it as “cruel and unrealistic”. The regulation, which aims to standardize return procedures across member states, is being criticized for its provisions allowing extended periods of detention and stricter treatment of migrants. The European Commission, in advocating for the regulation, emphasizes its goal to make return procedures more efficient while respecting fundamental human rights. The proposal includes a mandatory forced return for non-cooperative undocumented migrants, and individuals considered security risks could face detention exceeding 24 months, with judicial approval. More details on the criticisms can be found in Human Rights Watch’s statement.
The driving force behind the proposal is the EU’s low return rates and the fragmented nature of the current national systems. As per the European Parliament’s data, only 23 percent of return decisions were enforced in 2023 due to various challenges faced by member states. In an effort to unify these processes, the proposed regulation seeks common procedures and mutual recognition of return decisions by 2027. However, HRW asserts that these measures fail to address the core issue, which is the non-cooperation of the origin countries. The Migration Policy Institute has highlighted that origin states often reject returnees through nonresponse or bureaucratic hurdles, potentially leading to scenarios where neither origin states nor EU member states recognize their legal status.
HRW expressed concern over the proposed detention rules, pointing out that they could lead to the detention of vulnerable individuals, such as unaccompanied children. Additionally, the establishment of return hubs, meant to facilitate the transfer of migrants to third countries, fails to assure safe and sustainable returns. These issues challenge the HRW’s call to the European Parliament to reject the proposal, suggesting it could undermine existing EU standards.
The proposal forms part of a broader Pact on Migration and Asylum—a 2024 reform intended to provide a comprehensive approach to migration rules across the EU. As discussions continue, the proposal awaits approval from the European Parliament and the Council. The full context of this development is available in the original coverage by JURIST.