Human Rights Watch on Thursday criticized the proposed European Union “Returns Regulation” for undocumented migrants as “cruel and unrealistic” for allowing longer detention and harsher treatment.
The European Commission seeks to establish standardized return procedures so that returns of migrants can be more efficient while still respecting fundamental human rights. For instance, the proposed rule provides mandatory forced return if the undocumented migrant does not cooperate with an EU member state in the return procedure. Additionally, the special rules for individuals deemed security risks could be detained for more than 24 months with judicial authorization.
The standardized procedures are also intended to address the EU’s low return rates and the fragmentation of different national systems. According to the data of the European Parliament, the rate of return decisions being enforced on third-country nationals (TCNs) found to be irregularly present on EU territory was 23 percent in 2023.
Among all EU member states, 27 systems are currently in place to assess whether to return an undocumented migrant. The proposed rules seek to unify the system with common procedures and allow for mutual recognition of return decisions by July 2027.
However, HRW argued that imposing harsher obligations on migrants does not address the issue as the principal obstacle to enforcing return decisions is uncooperative countries of origin. According to the Migration Policy Institute, the origin states can reject returnees simply by non-response or prolonged bureaucratic procedures. In other words, neither origin states nor EU member states would recognize their legal status if the proposal is implemented.
This exacerbates the group’s concern that the revised detention rules could allow the prolonged detention of vulnerable individuals, including unaccompanied children. HRW also argued that the third-country “return hubs,” which would serve transfer migrants, fail to guarantee safe and sustainable shelter.
The proposal follows the Pact on Migration and Asylum, a 2024 reform introducing new migration rules to create a comprehensive approach. The proposed regulation includes provisions on common procedures for issuing return decisions, rules on forced returns, obligations for returnees, and measures to prevent absconding.
The next step for the proposed regulation is approval from the European Parliament and the Council. HRW has urged the European Parliament to reject the proposal, arguing that it would weaken and undermine EU standards.
Asylum has been a heated topic among the EU member states. On January 7, the European Court of Human Rights found that Greek authorities engaged in illegal “pushbacks,” forcing asylum seekers to return to their country of origin without due process, violating the 1951 Refugee Convention. Poland is being urged by HRW to drop a bill that would suspend asylum rights at its border with Belarus.
Relatedly in March, the EU Agency for Asylum reported that asylum applications across the EU, Norway and Switzerland decreased by 11 percent in 2024.
