On 8 December 2025, the Council finalised its position on the proposed regulation, which aims to harmonise return procedures for third‑country nationals staying illegally in the EU. The Council’s position sets out several key elements:

• Obligations for illegally staying third‑country nationals: Individuals must comply with the obligation to leave the territory of the Member State, cooperate with authorities, remain available to the authorities, and provide them with identity or travel documents, as well as biometric data. Non‑compliance may lead to reduced benefits, withdrawal of work permits, or criminal sanctions.
   

• Return hubs: Member States may establish return hubs in third countries through agreements or arrangements. These must ensure respect for international human rights standards and the principle of non‑refoulement, and define procedures for the return, conditions of stay, and consequences if the arrangement is not respected. Hubs can serve as centres for onward return or as final destinations.
   

• People posing security risks: Member States may impose extended or indefinite entry bans and detention, including in prison, on individuals considered a security risk.
   

• Mutual recognition of return decisions: Member States may recognise and enforce return decisions from other Member States without issuing new ones. The Commission will review the functioning of mutual recognition two years after the regulation enters into application and may propose making it mandatory for all Member States.
   

• European Return Order (ERO): Member States will record key elements of return decisions on a standardised form (ERO) and enter it in the Schengen Information System, enabling direct enforcement by other Member States. The ERO is to be introduced within two years of the regulation’s entry into force.

Civil-society actors have expressed concerns about the proposal. Silvia Carta, advocacy officer at the Platform for International Cooperation on Undocumented Migrants, warned that the regulation “carries the hallmarks of a police state” and criticised the broad discretion it gives authorities to enter private homes. Sarah Chander, director at the Equinox Initiative for Racial Justice, stated that the proposal risks “legitimising offshore prisons, racial profiling, and child detention in ways we have never seen.” Amnesty International also highlighted potential risks related to extended detention, sanctions, and restrictions on benefits, and warned that return hubs in third countries could expose people to inadequate protection and violations of human rights. Similar concerns were reported by other NGOs and media outlets.

For further details, please read the press release from the Council of the European Union.