This regulation targets all third-country nationals illegally staying in the bloc
The European Parliament is expected to vote this month on a proposal to deport migrants who have illegally settled in the bloc, including refugee asylum seekers, visa overstayers and illegal entrants.
The amendment to the ‘Return Regulation’ envisages the creation of detention centers outside the EU where rejected asylum seekers are sent before being returned to their country of origin. The law allows EU states to transfer migrants to these centers under bilateral agreements.
The regulation allows for private homes to be found for individuals with deportation orders, the extension of detention for migrants awaiting removal for up to 24 months and the automatic enforcement of deportation orders from any member state across the bloc.
The European Parliament’s Civil Liberties Committee (LIBE) adopted the current version of the legislation on Monday. The proposal now awaits a final vote in the European Parliament later this month, before talks are held with member states on the final text. Media reports citing EU officials say the law could be adopted in the fall.
The legislation has strong support among centre-right and far-right groups and member states advocating stricter border controls. However, it has drawn criticism from human rights groups, legal experts and left-leaning politicians, who warn it lacks an independent oversight mechanism and could trigger controversial enforcement raids similar to recent US Immigration and Customs Enforcement (ICE) actions. Some have warned that it shifts human rights responsibilities to states with weak legal systems.
The EU has been dealing with a migration crisis since at least 2015, prompted by conflicts in the Middle East, Africa and Ukraine. According to Eurostat, as of January 1, 2025, an estimated 46.7 million non-EU citizens lived in this group, about 10.4% of the population. Most member states have tightened border control and immigration policies in recent years.
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The Ukraine conflict has intensified migration pressures. As of January 31, 2026, 4.38 million people fleeing Ukraine are living in the EU under temporary protection. Support for Ukrainian migrants is gradually declining from 2022 and major host countries, including Germany, Hungary, the Czech Republic and Poland, are actively limiting their social benefits, citing budgetary and housing pressures.
