New Returns Regulation ushers in dystopian detention and deportation regime 

On 11^th March, the European Commission published a new draft law to step up and speed up deportations of undocumented people across Europe. 

This proposal has been rushed through under political pressure, with no meaningful consultation of civil society or impact assessments. This approach is guided by the imperative of increasing deportation rates, mostly by derogating from fundamental rights guarantees. 

This proposal: 

• Opens the door for member states to set up deportation centres outside the EU, 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 Commission’s longstanding position that more humane solutions such as voluntary departure should be the preferred option; 
• 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; 
• Despite creating the conditions for overcrowded detention centres, it introduces “emergency” possibilities for member states to disregard safeguards during detention and to limit access to judicial review of detention decisions, including for families and children, when there are many people awaiting their deportation;
• Requires member states to impose geographical restrictions or reporting obligations for all people in the return procedure; 
• Introduces severe punitive measures, such as entry bans of up to 10 years (up from 5 years), extendable for 5 more years or 10 years in cases where security risks are invoked, financial penalties and reduction of financial assistance to rebuild a life after their deportation, 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. 

Silvia Carta, Advocacy Officer at the Platform for International Cooperation on Undocumented Migrants, said, “This new proposal is a lucid attempt to escalate the EU’s obsession with deportations, by applying a discriminatory and punitive approach to any person in an irregular situation. There is no consideration of measures that could truly foster social inclusion and regularisation. Instead, we can likely expect more people being locked up in immigration detention centres across Europe, families separated, and people sent to countries they don’t even know.”