If rejected asylum seekers are unable or unwilling to comply, they can be accommodated in reception camps outside the EU. This detention must be ordered by an administrative or judicial authority and can last up to 24 months. This also applies to married couples with young children.
Such forced stays in camps in Albania or Libya can be extended by up to six months if the situation in the home country changes, new information comes to light, or cooperation with a third country improves. This is stated in the new return law adopted by the European Parliament on Wednesday.
House searches
To enable faster returns, EU countries may conduct investigations themselves. This can involve house searches or searching and seizing personal belongings and electronic devices such as laptops or mobile phones.
Promotion
Rejected asylum seekers are classified by the EU as illegal persons. If he/she moves to another EU country, a new prison sentence can follow there. EU countries may also require a rejected individual to report regularly or stay in one place. Alternatives may also be used, such as electronic monitoring or financial pressure (i.e., reduced or no benefits).
Already in Albania
To enable the stricter return policy, agreements must also be made with countries outside the EU. The adopted proposal provides for accords with countries about ‘return hubs.’ These are places in non-EU countries where illegal immigrants are held before they (can) return to their country of origin. EU countries may independently conclude agreements with third countries about such return camps.
Italy already started with this two years ago by setting up a reception camp in Albania. This had to be halted later by order of an Italian judge because it was against Italian and European laws. These camps are now permitted. Among others, the Netherlands has since signed a cooperation agreement with Italy.
Children included
An exception applies to minors without parents or guardians: they may not be sent to return hubs. Agreements with non-EU countries may only be made if those countries respect human rights, international law, and the principle of non-refoulement. Before such an agreement takes effect, an EU member state must inform the European Commission and the other EU member states.
After 20 years
“People rightly expect that those who have no right to stay here will return to their country of origin,” says Dutch MEP and rapporteur Malik Azmani (Renew/VVD). He was the principal drafter of the new return law. “I had one clear priority: Europe must deliver effective, realistic solutions to regain control over migration. I worked hard for this. And today, after nearly twenty years of stagnation, it has succeeded.”