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The European Union nations and the European Parliament reached a decision on Monday regarding a contentious law designed to accelerate the repatriation of migrants who do not have the legal permission to remain in Europe, representing the most significant change in migration policy within the region for many years.

Policymakers claim that the so-called Return Regulation is essential for speeding up returns and forms the foundation of the EU’s efforts to address unauthorized migration.

It also indicates a larger political change across Europe, where conservatives—often supported by the far right—are advocating for a more stringent stance on migration.

As per official data, just 29% of migrants who do not have the legal permission to stay in Europe depart the EU.

“This is a highly significant step in ensuring we maintain control over events within the EU, regarding both those who enter and those who must depart,” Home Affairs Commissioner Magnus Brunner stated to reporters at the conclusion of the discussions.

At the core of the legislation is a clause that enables EU member states to establish deportation facilities outside the union, referred to as return hubs, provided they have an agreement with a non-EU nation.

“The following step involves focusing more on migration diplomacy, in collaboration with third countries,” Brunner stated, without specifying any particular third country for establishing return hubs.

The central points may serve as either transit areas or places where an individual is required to remain, representing a major change from existing regulations.

Most immigrants are only able to be sent back to their home country or to a nation they have a verified link with. With the new system, this condition would no longer apply. Only children without adult supervision would be excluded from being deported to a return center, while families with kids would qualify.

Several EU nations are currently exploring ways to find suitable partner countries for upcoming return centers. Germany, the Netherlands, Austria, Denmark, and Greeceteamed uplast March to launch the contentious project, while Italy has already implemented a comparable initiative in Albania, featuring two centers accommodatingless than a hundred immigrants overall.

The law also permits EU nations to inspect a “residence or other pertinent premises” of undocumented migrants, a measure that NGOs and civil society organizations liken to the infamous raids carried out by the US Immigration and Customs Enforcement (ICE).

“The clause is intentionally ambiguous to permit a wide range of interpretations across various member states. It paves the way for searches at homes and also inspections at the offices of organizations assisting migrants and medical facilities,” Eleonora Celoria from Asgi, an Italian group of legal professionals, stated to Euronews.

Although she recognized that in many member states, police will still require a court order to access private homes, she referred to the law as “concerning,” as it may lead authorities to expand their authority.

Additional clauses involve extended detention times, stricter entry prohibitions, and enhanced abilities to track down undocumented migrants.

The longest permitted time that undocumented immigrants can be held while awaiting deportation has been extended from six months to two years, with an additional six-month extension possible and no set limit for individuals seen as a threat to security.

Entry restrictions would also become much stricter, increasing from five to ten years in most situations, with the potential for permanent bans for individuals deemed a threat.

Another adjustment involves appeals. According to existing regulations, deportations are automatically put on hold during ongoing legal disputes, but the new legislation would remove this automatic safeguard, allowing courts to determine individually whether a removal order should be postponed.

The regulation also establishes a European Return Order to aid in the mutual acceptance of return decisions among member states, although it will continue to be optional.

The schedule for implementation posed the greatest challenge during discussions between the Council and Parliament. According to the agreement reached, certain clauses will come into effect 12 months after the regulation becomes active. The Council had previously advocated for a two-year period.

Non-governmental organizations and progressive Members of the European Parliament have expressed disapproval of the document, claiming it could endanger the lives of migrants and breach essential rights.

“The text approved today stems from a disgraceful deal: the legal tools promoting a xenophobic ideology are now fully assembled,” said Greens/EFA MEP Mélissa Camara to Euronews following the discussions.

“This policy will establish a harsh system for detention and deportation, ranging from keeping individuals in immigration detention for as long as 30 months to separating families and sending people to countries they are unfamiliar with,” stated Silvia Carta, an advocacy officer at Picum, an alliance of various organizations that assist undocumented migrants.

The legislation must now receive official approval from MEPs and EU member states and may come into effect as early as next month.