Thursday

28th Mar 2024

EU to toughen rules against illegal migrants

  • Illegal immigrants are to face tougher rules in the EU (Photo: AFM)

EU ambassadors on Thursday (22 May) agreed common rules to tackle illegal immigration, making it possible to detain irregular migrants for up to 18 months.

The rules will not cover asylum-seekers, but all those who overstay their visa period will be affected, according to an AFP report.

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It will be up to EU member states' governments to decide whether to deport the immigrants or regularise them. But in most cases they will be given two options – to return home voluntarily or face deportation.

Those who refuse to go voluntarily could be forcefully removed and banned from coming back to EU territory for five years.

In addition, the same individuals could be detained for up to 18 months in some circumstances – a time-limit which exceeds that of most EU states.

The EU plan was criticised by human rights groups, concerned that some of the provisions were in breach of fundamental rights.

"Detention for up to 18 months of people who have committed no crime is excessive and disproportionate. International law states clearly that detention in order to return irregular migrants should be exceptional and as short as possible," said Amnesty International and the European Council on Refugees and Exiles (ECRE) in a joint statement.

"If this compromise text goes through, the directive would allow families with children and unaccompanied minors to be detained for up to 18 months and in some circumstances in ordinary prisons," they went on.

According to ECRE's secretary general, Bjarte Vandvik: "We need a directive on returns, but not at all costs. We are particularly concerned about the excessive detention periods in this directive and the lack of real opportunities for migrants to leave of their own accord before being removed by force."

The rules will now have to be approved by the European Parliament and the bloc's ministers in two weeks' time.

But as the deal reached on Thursday brought changes to an agreement previously reached with MEPs, the parliament's vote on 5 June could be preceded by some new difficult talks.

Under the compromise reached previously with the parliamentarians, illegal immigrants would have been given the right to benefit from legal aid, in the same capacity as asylum seekers.

But the updated version of the rules says that it will be up to the member states to decide whether to grant them access to a lawyer or not.

According to European Commission estimates, there are currently up to 8 million illegal immigrants living in the EU.

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