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Migration·1h ago

EU Reaches Landmark Deal to Deport Rejected Asylum Seekers to Third-Country 'Return Hubs'

The European Union has agreed on a new Returns Regulation, paving the way for member states to deport individuals without a right to protection to third countries, including the establishment of 'Return Hubs' outside the bloc.

A New Framework for Deportations

Negotiators from the European Parliament and EU member states reached a political agreement on Monday evening on a new Returns Regulation, as confirmed by a spokesperson for the Cypriot Council presidency. The regulation is designed to facilitate deportations and imposes new obligations on those affected. It will enter into force immediately alongside the EU's broader asylum reform, which becomes applicable from 12 June, though individual provisions will have transition periods of one to two years.

The last remaining open point was also clarified during negotiations in Brussels.

Cypriot Council presidency spokesperson

The agreement fundamentally shifts the EU's approach by allowing member states to deport individuals without a protection claim to willing third countries. These individuals may either remain there permanently or use the country as a transit point for return to their home country, a concept referred to as "Return Hubs."

Political Dynamics and Safeguards

The negotiations revealed a significant shift in the European Parliament's stance. The Parliament, traditionally a moderating force, pushed for a rapid application of the rules, while member states argued they needed more time for implementation. This change follows the formation of a new right-wing alliance in March, where the Christian Democrats (EPP) voted with three factions to their right to secure the negotiating mandate with the Council. The EPP's coordination with the AfD, including in an internal chat group, drew criticism but reportedly eased talks with the Council, as the right-wing majority aligned with member states seeking stricter measures.

Under the agreed rules, deportation agreements with third countries must ensure compliance with international human rights standards and prohibit the transfer of individuals to other states where they face a risk of human rights violations. The agreements must specify the transfer procedure, conditions of stay, modalities for further return, and include a monitoring mechanism. Unaccompanied minors are exempt from the regulation, subject to age verification, but families with children are not.

The Search for Partner Countries

Germany, the Netherlands, Denmark, Austria, and Greece are jointly searching for states willing to host such return centers. German Interior Minister Alexander Dobrindt (CSU) has repeatedly advocated for the Return Hubs project. The specific locations for these centers outside the EU remain unclear. The host countries would likely receive financial compensation or visa-related benefits in exchange for accommodating the deportees.

Stricter Rules and Enforcement Measures

Beyond the third-country deportations, the agreement introduces stricter rules for rejected asylum seekers. They are required to cooperate with their own deportation to avoid arrest. Across Europe, they now face the reduction or complete cancellation of subsistence benefits and the confiscation of travel documents. Detention for deportation purposes is permitted if authorities identify a risk of flight or a threat to national security. The permissible detention period has been extended to a maximum of 24 months, with a possible extension of six additional months in special cases, according to negotiating circles.

Context of Previous Models

Until now, there was no EU framework for such third-country solutions. Italy had signed an agreement with Albania to outsource both deportation detention and asylum procedures, a model that is currently before the European Court of Justice (ECJ) with a final ruling still pending. In contrast, the United Kingdom's attempt to outsource asylum procedures to Rwanda failed dramatically. Despite costs of approximately 830 million euros, the plan was never implemented due to court rulings. A legal basis for outsourcing the entire asylum procedure, as in the Rwanda model, was already adopted by the EU at the end of last year.

Key Milestones in EU Asylum and Deportation Policy
  1. EU adopts legal basis for outsourcing entire asylum procedures to third countries.
  2. European Parliament's right-wing alliance secures negotiating mandate for stricter returns regulation.
  3. EU Parliament and member states reach political agreement on new Returns Regulation.
  4. EU asylum reform, including the new Returns Regulation, becomes applicable.

The Parliament and the EU states must now give their final approval to the compromise, which is generally considered a formality, before the new deportation rules can officially take effect.

Brussels

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