On 8 December 2025, the EU Council adopted its negotiating position on the proposed Returns Regulation. This step signals a troubling and yet more punitive EU approach to migration governance.
In April, IDC warned that the Commission’s proposal to replace the 2008 Returns Directive risked expanding detention, narrowing voluntary return, introducing third-country “return hubs,” increasing the use of electronic monitoring and weakening procedural safeguards. Those concerns remain urgent.
The Council’s position appears to deepen the most harmful elements of the earlier draft. In particular, it moves toward a major expansion in the use and length of immigration detention, reportedly extending maximum periods beyond the Commission’s proposal of 24 months to 30 months, for adults and children. The Council proposes even longer detention in “security” cases. It also broadens grounds for detention linked to an expansive concept of “risk of absconding,” including factors that may penalise poverty and social exclusion, and risks further normalising detention of children.
At the same time, the Council continues to endorse returns to third countries through return agreements, raising serious questions about enforceable safeguards, individualised assessment and meaningful access to remedy. The overall direction focused on externalisation of borders and reinforces coercion over due process and dignity.
IDC raises the following concerns regarding the Council`s proposal:
- More people, including children and other vulnerable individuals, risk being detained for longer; electronic monitoring and other intrusive measures are promoted as “alternatives” despite functioning in practice as alternative forms of detention;
- Third-country “return hubs” are further normalised without meaningful guarantees of safety or accountability; and
- Mutual recognition of return decisions between Member States is advanced in a way that risks overlooking changes in people’s circumstances and undermining access to effective remedies.
- At the same time, procedural safeguards and genuinely voluntary return options remain weak, increasing the likelihood that people will be removed before their rights and protection needs are fully and fairly examined.
IDC remains deeply concerned that the proposed Returns Regulation, as now reinforced by the Council’s position, moves the EU towards a more coercive and detention-focused migration system, rather than one grounded in rights, fairness and protection.
IDC reiterates its call for the European Parliament and Council to reject any further expansion of detention, externalisation and forced returns. The EU should instead invest in rights-based, community-led alternatives that are more humane, effective and affordable.