Human Rights Watch (HRW) has strongly criticized the European Union’s proposed Returns Regulation, calling it “cruel and unrealistic” due to its harsher detention policies and stricter return procedures for undocumented migrants. The European Commission aims to streamline the return process by introducing standardized procedures across all EU member states. Under the proposed rule, undocumented migrants who do not cooperate throughout the return process could face mandatory forced return. Additionally, those considered security risks could be detained for over 24 months with judicial approval.
Currently, the EU faces low return rates, with only 23% of return decisions enforced in 2023, according to the European Parliament. The new regulation seeks to address these challenges by unifying the return process across 27 national systems and enabling mutual recognition of return decisions by July 2027. HRW argues that tougher measures on migrants fail to solve the real issue—uncooperative countries of origin. Many nations reject returnees by simply ignoring requests or delaying bureaucratic procedures. This could leave migrants in a legal limbo where neither their home country nor the EU recognizes their status.
The rights group also warns that the proposed rules would allow the detention of vulnerable individuals, including unaccompanied children. Furthermore, return hubs, which would transfer migrants to third countries, raise concerns over safety and sustainability. The proposal follows the 2024 Pact on Migration and Asylum, which aims to create a more comprehensive migration system. The new rules must still be approved by the European Parliament and the Council. HRW has urged lawmakers to reject the regulation, arguing that it would weaken EU human rights standards.
Migration remains a divisive issue in the EU. In January, the European Court of Human Rights ruled that Greece violated international law by illegally forcing asylum seekers to return to their home countries. In February, Poland moved to suspend asylum rights at its border with Belarus. Meanwhile, asylum applications across the EU, Norway, and Switzerland fell by 11% in 2024, according to the EU Agency for Asylum.