The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) has adopted its position on the proposed changes to the EU’s policy on the return of non-EU nationals illegally staying in the EU. Among the key measures, third-country nationals with a return decision must cooperate with authorities, may be returned to an agreeing third country, and could face detention of up to 24 months if they do not cooperate or risk absconding. The vote now moves to the full Parliament for approval, paving the way for negotiations with the Council on the final form of the legislation.

A joint initiative coordinated by the Platform for International Cooperation on Undocumented Migrants (PICUM) has brought together over 100 organisations across Europe to urge EU institutions to reject the proposed Return Regulation. The statement, issued on 11 February 2026, highlights concerns that the regulation could expand immigration detention, limit access to essential services, and increase surveillance and control over people in an irregular situation. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) is scheduled to vote on the proposal in early March 2026.

On 4 February 2026, Human Rights Watch published World Report 2026, its annual review of human rights worldwide. In a chapter on the European Union, the report highlights concerns that EU policies and Member State actions may undermine the rights of migrants, refugees, and asylum seekers. It notes, inter alia, restrictions on access to asylum, measures aimed at increasing removals, and the transfer of responsibility to third countries. The report also draws attention to human rights issues at EU borders and deaths at sea.

The Council of the European Union has agreed its position on a proposal for an EU regulation establishing a common system for the return of third‑country nationals staying in the EU illegally. The proposed regulation introduces common procedures, obligations for those without the right to stay, and tools for cooperation between Member States. It also allows for the creation of return hubs in third countries. Negotiations with the European Parliament will follow to agree on the final text.

During this event, key challenges associated with the European return system will be examined, including divergences in Member States’ practices and obstacles to forced return. The conference will then focus on ongoing legislative developments and their implications for migration management and the Schengen area. Participants will discuss the role of a common and effective return system in supporting cooperation and migration management under the new Pact on Migration and Asylum.

The European Commission’s proposed Return Regulation introduces measures to increase return rates across the EU. These include extended detention periods, returns to non-EU countries with no prior personal ties, offshore “return hubs”, and obligations for individuals subject to return orders. Over 200 civil society organisations have raised concerns about fundamental rights, legal uncertainty, and disproportionate impacts. They call on EU institutions to withdraw the proposal and reject it in its current form.