EU Proposes New Regulation to Enhance Migrant Returns: A Controversial Step

On Wednesday, the European Commission introduced a significant proposal aimed at streamlining the process for returning migrants who have received return orders from EU member states. This initiative, presented amidst the ongoing tenure of Ursula von der Leyen as President of the European Commission, outlines a controversial framework for accelerating deportations by allowing migrants to be sent to third countries.

European Commissioner for Home Affairs, Magnus Brunner, emphasized the urgency of the issue, noting that only one in five individuals ordered to leave the EU actually complies. "This is not acceptable," he stated during the announcement. The proposal seeks to establish a unified system for returns, a plan that has stirred mixed reactions among various political factions within the EU.

Key Aspects of the Proposal
The proposed regulation includes several pivotal elements, including:
1. Centers Outside the EU: The proposal allows for the deportation of migrants to third countries, contingent on bilateral agreements that uphold fundamental rights. Importantly, this initiative excludes unaccompanied minors and families. 2. Euroorder for Returns: It introduces a system known as the Euroorder for return, which would integrate with the Schengen Information System. This means that if a migrant flees a country after receiving a return order and is found in another member state, the return order is immediately enforceable. 3. Cooperation Requirements: Migrants are expected to cooperate throughout the process, which includes providing necessary documentation and staying within the designated territory. Noncompliance could result in consequences like reduced benefits or travel document confiscation. 4. Strict Rules for Forced Returns: Individuals who remain in the EU illegally will face expulsion orders, particularly if they flee, fail to leave voluntarily, or pose security risks. The rule also tightens detention periods, extending them to 24 months under certain conditions. 5. Enhanced Security Measures: The regulation requires member states to monitor potential security risks posed by migrants through specific guidelines, which could extend detention beyond the standard 24 months based on judicial review. 6. Support for Readmission: An integral aspect of the proposal is the establishment of a common approach to readmission, including a standardized tracking system for returns.

Next Steps and Legislative Challenges
The proposal now faces a complex legislative process, requiring consensus between EU member states and the European Parliament. Commissioner Brunner expressed optimism for early agreement, yet the implications of this proposal are substantial, particularly in light of the existing divisions within the Parliament.

Reactions from the European Parliament
The initiative has drawn varied responses. Nicola Procaccini, leader of the European ultraconservatives, described it as a crucial step toward managing illegal migration but acknowledged that it forms only a fragment of a broader strategy. Meanwhile, opposing parties, including the Social Democrats and Greens, voiced concerns regarding the ethical implications of the new regulations. They insist that a viable and humane approach to migrant returns is necessary, criticizing the potential for systematic persecution under the proposed measures.

Estrella Galán Sumar, who will represent the Left in negotiations, has condemned the proposal as outdated, unfeasible, and inhumane, labeling it as a mechanism that would facilitate the persecution of vulnerable individuals seeking safety and stability.

In summary, the European Commission's proposed regulation to enhance migrant returns marks a pivotal moment in EU immigration policy. While it aims to address the pressing issues of illegal migration and improve return rates, the debate surrounding its ethical implications and operational feasibility is far from settled.

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