New Myria thematic booklet examines return policy and expanded coercive measures

Myria, the Federal Migration Centre, has published a new thematic booklet as part of its annual report "Migration in figures and rights 2025". The publication presents recent figures on return, detention and removal, while analysing major legislative developments in Belgian return policy. It also examines the situation of detainees without legal residence in Belgian prisons and reviews the creation of the National Preventive Mechanism against ill-treatment in detention. According to Myria, return indicators have continued to rise after the pandemic, while new laws significantly expand the use of control and coercive measures.

According to Myria’s thematic booklet, following the sharp disruption caused by the Covid-19 pandemic, most return-related indicators have continued their gradual recovery. In 2024, 37.672 return decisions and 2.653 entry bans were issued, representing an increase of 3.6% and 107% respectively compared with 2023. Voluntary returns (3.371), forced removals (3.270) and refusals of entry (1.883) have all risen steadily since 2021, although they remain below pre-pandemic levels. The proportion of removals following first detention in closed centres remained stable at around 78%. While the number of first detentions in closed centres slightly decreased to 4.804 in 2024, the average detention capacity remained significantly higher than during the pandemic period. Police-escorted removals increased to 16% of all repatriations.

The report also highlights significant legislative changes in the field of return. Two laws adopted in spring 2024 (the “return law” and the “Frontex law”) expanded the means of control and coercion available for implementing forced removals. Myria notes that, in practice, the Belgian penal system offers very limited alternatives to detention for irregularly staying migrants, restricting their access to measures that could support reintegration into society. Around 30% of the prison population consists of irregularly staying detainees, among whom some will be removed while others cannot be, for legal, diplomatic, or practical reasons. Myria emphasises that the current binary approach (removal or detention) fails to account for the diversity of profiles and hinders the pursuit of social reintegration as a fundamental objective of sentencing.

Myria also draws attention to oversight and human rights mechanisms. The National Mechanism for the Prevention of Mistreatment in detention, established by law in April 2024, is welcomed but currently under-resourced, and does not yet cover detention facilities managed by the federated entities. Myria calls for adequate funding, wider coverage, and full implementation of obligations under the Optional Protocol to the UN Convention against Torture (OPCAT). The organisation further recommends ensuring that all detainees, including irregularly staying migrants, have access to alternatives to imprisonment at every stage of the criminal procedure and that the government continues exploring a dedicated status for non-removable persons to facilitate their (re)integration into Belgian society.

For further details, please consult the press release from Myria (in French or in Dutch) and the thematic booklet attached below.