After the vote, applause echoed through the European Parliament chamber in Brussels. What lawmakers were cheering was a fundamental break with decades of EU asylum policy.

On Thursday, MEPs approved a law allowing member states to deport irregular migrants to detention centers outside the European Union — potentially to countries with no connection to the deportees whatsoever. The vote was 389 to 206, with 32 abstentions.

The so-called “return hubs” represent the most significant shift in European migration policy in years: outsourcing asylum enforcement beyond the bloc’s borders and, critics argue, beyond the reach of European human rights law.

“They will be located outside of EU territory, where policymakers cannot guarantee that people’s rights will be upheld,” said Marta Welander, the International Rescue Committee’s EU advocacy director.

What the law does

The Return Regulation, as it’s formally known, creates a legal framework for EU countries to establish offshore detention centers in third countries through bilateral agreements. Migrants whose asylum claims are rejected could be sent to these hubs — even if they’ve never been to that country before.

The legislation also extends detention periods to up to 24 months and imposes entry bans that, under the Parliament’s version, have no maximum duration. The Council of member states had proposed a 20-year cap; MEPs removed it.

Families with children are included in the provisions. Only unaccompanied minors are exempt.

Perhaps most significantly, the law allows member states to negotiate return agreements with “non-recognized third country entities” — diplomatic language that could encompass cooperation with non-democratic regimes.

“The adopted text gives a green light to cooperation with the Talibans to enable the forced return of Afghan nationals,” Green MEP Melissa Camara told Euronews. “It is a total renouncement of the EU values.”

The legal black hole problem

Human rights organizations have been unequivocal in their opposition. Amnesty International called the return hubs incompatible with human rights law and said they “carry grave risks of rights violations.”

The central concern is jurisdictional. Once migrants are transferred to facilities outside EU territory, European courts may have limited ability to intervene. The text does not specify where the hubs will be located, how they will be monitored, or how human rights violations would be prosecuted.

“This is no longer about returning people, but sending them virtually to any country in the world, maybe one that they have never seen before,” said MEP Cecilia Strada from the Socialists and Democrats group.

Previous attempts at similar schemes have foundered on legal challenges. The UK’s Rwanda deportation plan was scrapped after court battles. Italy’s Albania processing centers have yet to become operational amid their own legal hurdles.

The political realignment behind the vote

The legislation’s passage reflects a broader rightward shift in European politics — and an uncomfortable new coalition that made it possible.

According to media reports, the draft law was negotiated through WhatsApp and in-person meetings between the center-right European People’s Party — including Chancellor Friedrich Merz’s German conservatives — and far-right parties from the Europe of Sovereign Nations grouping, including Alternative for Germany (AfD).

Green MEP Erik Marquardt said the final text contains 38 formulations proposed by the ESN group. He warned against “making EU deportation policies dependent on a party which had been categorized by many as extreme-right due to its remigration fantasies.”

The EPP’s rapporteur, French MEP François-Xavier Bellamy, framed the legislation in simpler terms: “We will impose a simple principle: who comes to Europe illegally cannot stay.”

Not all member states are on board. France and Spain have questioned the strategy’s effectiveness. But Denmark, Austria, Greece, Germany, and the Netherlands have led the push.

What comes next

Thursday’s vote was not the final word. The legislation now moves to “trilogue” negotiations between the Parliament, the Council, and the Commission. Those talks are expected to proceed smoothly; there are no substantial differences between the positions.

If adopted, the regulation could take effect by 2028.

For now, the direction of travel is clear. Europe is building the legal infrastructure for an offshore enforcement system that would have been politically unthinkable a decade ago. The applause in Brussels was genuine — and for human rights advocates, that’s precisely the problem.

Sources