The EU is in the process of creating a new system that will make it easier to return irregularly present migrants to their country of origin. The legislation, known as the Returns Regulation, includes measures that make it possible to detain more people – including children and families – for longer periods of time.

This marks a major shift in European migration policy, as until now EU Member States could only detain irregularly present migrants as a last resort under specific circumstances. Not all States even had detention policies, and where they did, detention centres were almost always within the EU. This meant legal safeguards could be closely monitored.

However, a recent vote has paved the way for the new Regulation to create “return hubs” in third countries outside the EU. The European Commission presents these offshore detention centres as an “innovative solution” to migration management, with assurances that they will ensure “fundamental rights”.

In practice, it will be very difficult to monitor potential human rights violations and enforce European standards in return hubs outside Europe. The Commissioner for Human Rights of the Council of Europe Michael O'Flaherty has warned that they could run the risk of creating “human rights black holes”.

The Returns Regulation was proposed by the European Commission in March 2025. Its general approach was agreed by the Council of Ministers in December 2025, and it was endorsed by the European Parliament on March 26.

The legislative process is now entering the last stages of negotiations. It is expected that the Returns Regulation, including the legal provisions........

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