The European Parliament has approved a sweeping reform to speed up the expulsion of irregular migrants. The new rules allow transfers to third countries and the creation of return centers outside the EU, sparking debate over human rights and legal safeguards.
The European Parliament has given the green light to a major overhaul of the bloc’s migration policy, approving the new Reglamento de Retornos. This reform paves the way for EU countries to transfer migrants with expulsion orders to third countries and to establish return centers outside European borders. The measure, which passed with 418 votes in favor, 218 against, and 30 abstentions, still requires formal adoption by the Council before it can take effect.
Under the new rules, individuals found to be staying irregularly in the EU and subject to a return decision could be relocated to facilities in non-EU countries. These centers may serve as either final destinations or temporary transfer points before migrants are sent to their country of origin or another third country. The Council of the EU has clarified that such agreements will only be made with countries that respect international law, human rights, and the principle of non-refoulement, which prohibits sending people to places where they risk persecution or serious harm. Unaccompanied minors are explicitly excluded from these arrangements.
Accelerating Deportations
The reform is designed to streamline deportations and strengthen cooperation among EU member states. Migrants with return orders will be required to cooperate with authorities and leave EU territory. Failure to comply could result in reduced benefits, loss of incentives for voluntary return, or even criminal penalties, depending on national legislation. The new regulation also allows for detention after an individual assessment, particularly if there is a risk of absconding, lack of cooperation, or a threat to public security. Detention can last up to 24 months, with a possible six-month extension in specific cases.
National authorities will have expanded powers to conduct personal searches, home inspections, and seizures of belongings or electronic devices, provided these actions are authorized by administrative or judicial order and comply with EU and national legal safeguards.
Controversy and Criticism
The plan has drawn sharp criticism from human rights organizations and segments of the European left, who warn that it could lead to wider use of detention and weaken protections for those affected. Spain has voiced opposition to the regulation, questioning its legality and proportionality, according to RTVE. Meanwhile, countries such as Germany, Austria, Denmark, the Netherlands, and Greece are reportedly negotiating with third countries to set up return centers, though no specific locations have been disclosed.
The reform comes as the EU faces a shifting migration landscape. According to Frontex, irregular border crossings into the EU dropped by 26% in 2025, reaching their lowest level since 2021. Despite this, the European Commission argues that the current rate of effective returns—28% in 2025, the highest in a decade—remains insufficient to address the scale of irregular migration.
Next Steps
Before the new rules can be enforced, the Council must formally adopt the regulation and publish it in the Official Journal of the European Union. Some provisions, including those related to off-shore return centers, will take effect immediately upon entry into force, while others will be phased in over the following 12 months.
The approval of the Reglamento de Retornos marks a significant shift in EU migration policy, reflecting growing pressure to manage irregular migration more strictly. The debate over the balance between border control and human rights is likely to intensify as member states move to implement the new measures.
