Far right hijacks EU deportation bill

On 9th March, Members of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted on the EU’s controversial new deportations bill (draft EU Return Regulation).

The vote followed the collapse of negotiations between Renew (liberals) rapporteur Malik Azmani and the Progressive Alliance of Socialists and Democrats (S&D). In response, the centre-right European People’s Party (EPP) tabled an alternative version of the bill, backed by far-right groups including Europe of Sovereign Nations (ESN), European Conservatives and Reformists (ECR) and Patriots for Europe (PfE).

Critics had already warned that Azmani’s compromise text differed little in substance from the harder-line proposal and contained few meaningful safeguards to prevent fundamental rights violations in the law’s implementation.

In this vote, both texts were put to MEPs. The S&D ultimately rejected both versions, as did The Left and the Greens/EFA groups. The EPP’s proposal therefore secured a majority with the backing of far-right groups.

Silvia Carta, Advocacy Officer, Platform for International Cooperation on Undocumented Migrants, said: “This vote seals a toxic alliance between centre-right and far-right forces, after weeks of backroom deals to kill the last remaining safeguards. It puts hundreds of thousands of people, including children, at risk of detention across Europe and allows member states to tear families apart, sending them to deportation centres in countries they have never set foot in. The proposals grant sweeping powers to restrict people’s movements, search belongings, impose disproportionate “security” measures, and share personal data with countries that lack safeguards. After the outrage over ICE operations in the United States, this text opens the door to similarly violent immigration enforcement across Europe. Human dignity, freedom, equality: this vote betrays the very values the EU claims to uphold.”

The text that was voted:

• Opens the door for member states to set up deportation centres outside the EU – including for families with children – leading to automatic arbitrary detention, accountability and human rights monitoring challenges, risks of chain deportations towards unsafe countries and numerous other violations of human rights and international law;
• Turns forced returns (deportations) into the default option for people found in an irregular situation, despite the higher risk of violence and fundamental rights violations, further restricting people’s agency and options.
• Massively expands the use and duration of immigration detention (from 18 to 24 months, with restrictive measures possible after the 24 months, including electronic monitoring and reporting obligations), including for children – despite a global commitment from governments to eradicate locking up children for immigration reasons;
• Requires member states to impose geographical restrictions or reporting obligations for all people in the return procedure, or any other restrictive measures defined in national law;
• Despite creating the conditions for overcrowded detention centres, it introduces “emergency” possibilities for member states to disregard safeguards during detention such as limiting judicial review of detention decisions, including for families and children, when there are “exceptionally large numbers” of people awaiting their deportation.
• Introduces severe punitive measures, such as entry bans of undefined duration that could be determined at national level (including “permanent” in cases where security risks are invoked), financial penalties, reduction of financial assistance to rebuild a life after their deportation, and even criminal sanctions for people who do not cooperate towards their deportation;
• Introduces specific derogations from fundamental rights for migrants who are considered a risk for national security and public policy, further blurring the lines between criminal law and migration while reinforcing dangerous stereotypes;
• Reinforces the false assumption that all people who are not eligible for asylum should be immediately deported, making it harder for people to access permits on other grounds, including humanitarian, family and work permits.