The European Union has adopted stricter rules for deporting irregular migrants. On October 1, 2026, EU interior ministers formally approved a regulation on the forced return of migrants without legal residency. The regulation was previously validated by the European Parliament three months earlier. As a result, irregular migrants will be required to leave the EU member state where they are currently residing and cooperate with authorities, failure to do so may result in sanctions.
The new rules impose obligations on non-EU citizens without the right to stay in the EU. According to the Council of the EU, these rules establish EU-wide procedures for the return of irregular migrants, including stricter rules for those deemed a security threat. The rules also provide EU member states with additional tools to ensure returns, including the possibility of setting up return platforms in third countries. All return measures must be carried out in full respect of fundamental rights.
Approximately two-thirds of individuals ordered to leave the EU remain in its territory, according to Irish Minister for Justice, Jim O'Callaghan. He stated that the revised rules will help member states implement swift and effective returns, which is a crucial element in establishing a common approach to migration management under the Migration and Asylum Pact.
Under the new rules, non-EU citizens without the right to stay in the EU are required to leave the member state and cooperate fully with authorities. Failure to cooperate may result in sanctions, such as reduced benefits, refusal of incentives for voluntary return, financial penalties, or prosecution.
A new "European return decision" has been established, which is a standardized form that member states will use to indicate essential elements of each return decision. The goal is to provide national administrations with the necessary information to mutually recognize each other's deportation decisions. This mutual recognition will be voluntary at first and will be reevaluated three years after the regulation's entry into force.
The regulation introduces exception measures for non-EU citizens considered a threat to public order. Member states can impose an entry ban of indefinite duration if justified and proportionate to the risk, or detain individuals for a period exceeding 24 months. The regulation also allows member states to return individuals subject to a return decision to "return platforms" in third countries, provided an agreement or arrangement is in place with the host country.
The regulation will be published in the Official Journal of the European Union and will enter into force the day after its publication. However, some provisions, such as those related to return platforms, will apply immediately, while others will take effect one year later, requiring technical and legal adjustments.
Key points
- EU adopts stricter rules for deporting irregular migrants
- New rules establish EU-wide procedures for return of irregular migrants
- Regulation introduces exception measures for non-EU citizens deemed a security threat
