EU nations agree on guidelines to expel illegal migrants
LUXEMBOURG - European Union nations agreed Thursday on common rules for expelling illegal immigrants, ensuring basic rights including access to food, shelter and legal advice.
The rules say illegal immigrants in the 27 member countries can no longer be detained for more than 18 months before deportation to their home nations, and unaccompanied children cannot be expelled.
The agreement took three years to craft, with some government and lawmakers claiming granting immigrants those rights would be too expensive.
EU nations drafted the rules because of fears that illegals were using national loopholes to move across Europe under the radar of authorities. They still need the final approval of the European Parliament before they can be adopted into law.
"This will make the return of those that we want to get rid of easier," said Peter Altmaier, German deputy interior minister. He said a key element of the new rules would ensure that "a re-entry ban issued in one member state will in the future automatically apply in the entire EU."
Slovenia's Interior Minister Dragutin Mate said he expected a majority of EU lawmakers to back the measures later this month.
"This is the only possible compromise ... so I expect the parliament will vote positively on this issue," Mate told ministers.
EU lawmakers and governments had been split over how many safeguards to grant to illegal immigrants and on the money they would have to spend to house, feed and provide legal aid to them. Greece, Italy, Spain and Malta had voiced the largest concerns, complaining they could not afford to implement the rights.
As part of the compromise those countries can apply for special EU aid to help cover the costs, EU officials said.
It will be left to national authorities to decide whether immigrants qualify for legal redress and free legal advice to appeal deportation orders.
Under the agreement, non-EU nationals who are in the bloc illegally can be held no longer than 18 months before deportation. They will be given free legal advice as well as basic rights to clothing, emergency health care, food and shelter.
A European human rights convention prohibits expelling refugees to countries where they would face torture or where their lives would be in danger.
Jacques Barrot, the EU's justice and home affairs commissioner urged all 27 EU governments to make sure they respect international human rights standards when returning illegals, including vulnerable groups like minors, to their home countries. The guidelines prohibit the expulsion or detention of unaccompanied children.
Actions in the past have faced heavy criticism from human rights groups and churches.
"We hope all member states will pay particular attention to the rights of the child," Barrot said. "The (EU) Commission intends to pay very close attention to that."
He said the so-called returns directive "provides some very important guarantees" and should be "enough to allay the fears" of critics.
Amnesty International and the European Council on Refugees and Exiles have said the safeguards in the EU plan for illegal migrants are too weak.
They complain that a standard measure to ban re-entry of those deported for up to five years is too harsh and fails to take into account changing events in deportees' home countries.
British Green lawmaker Jean Lambert said her party would vote against the measure when it comes up for a final vote June 18.
She said the plan "sets in stone some of member states' most repressive practices, such as lengthy detention periods and mandatory entry bans." Lambert added that provisions allowing access to legal aid were too limited.
Under the new measures, illegal immigrants will first be given the opportunity to leave voluntarily before being taken into detention ahead of forced removal under the new measures.
If there is a risk they will abscond, they can be put in custody for up to six months, with a 12-month extension in specific cases, such as when the illegal immigrant does not cooperate or when he or she has no valid papers and documents must be obtained from third countries.
Immigrants must be held in specialized detention facilities and decisions to expel them must be done on a case-by-case basis and based on the EU-wide set of criteria.
Currently, the maximum detention period varies from country to country, with some like France imposing a limit of just 30 days, while others including Britain, Denmark, Greece and the Netherlands have no limits at all.
The EU-wide rules are part of efforts to craft a common EU asylum and immigration policy by 2010. - AP
The rules say illegal immigrants in the 27 member countries can no longer be detained for more than 18 months before deportation to their home nations, and unaccompanied children cannot be expelled.
The agreement took three years to craft, with some government and lawmakers claiming granting immigrants those rights would be too expensive.
EU nations drafted the rules because of fears that illegals were using national loopholes to move across Europe under the radar of authorities. They still need the final approval of the European Parliament before they can be adopted into law.
"This will make the return of those that we want to get rid of easier," said Peter Altmaier, German deputy interior minister. He said a key element of the new rules would ensure that "a re-entry ban issued in one member state will in the future automatically apply in the entire EU."
Slovenia's Interior Minister Dragutin Mate said he expected a majority of EU lawmakers to back the measures later this month.
"This is the only possible compromise ... so I expect the parliament will vote positively on this issue," Mate told ministers.
EU lawmakers and governments had been split over how many safeguards to grant to illegal immigrants and on the money they would have to spend to house, feed and provide legal aid to them. Greece, Italy, Spain and Malta had voiced the largest concerns, complaining they could not afford to implement the rights.
As part of the compromise those countries can apply for special EU aid to help cover the costs, EU officials said.
It will be left to national authorities to decide whether immigrants qualify for legal redress and free legal advice to appeal deportation orders.
Under the agreement, non-EU nationals who are in the bloc illegally can be held no longer than 18 months before deportation. They will be given free legal advice as well as basic rights to clothing, emergency health care, food and shelter.
A European human rights convention prohibits expelling refugees to countries where they would face torture or where their lives would be in danger.
Jacques Barrot, the EU's justice and home affairs commissioner urged all 27 EU governments to make sure they respect international human rights standards when returning illegals, including vulnerable groups like minors, to their home countries. The guidelines prohibit the expulsion or detention of unaccompanied children.
Actions in the past have faced heavy criticism from human rights groups and churches.
"We hope all member states will pay particular attention to the rights of the child," Barrot said. "The (EU) Commission intends to pay very close attention to that."
He said the so-called returns directive "provides some very important guarantees" and should be "enough to allay the fears" of critics.
Amnesty International and the European Council on Refugees and Exiles have said the safeguards in the EU plan for illegal migrants are too weak.
They complain that a standard measure to ban re-entry of those deported for up to five years is too harsh and fails to take into account changing events in deportees' home countries.
British Green lawmaker Jean Lambert said her party would vote against the measure when it comes up for a final vote June 18.
She said the plan "sets in stone some of member states' most repressive practices, such as lengthy detention periods and mandatory entry bans." Lambert added that provisions allowing access to legal aid were too limited.
Under the new measures, illegal immigrants will first be given the opportunity to leave voluntarily before being taken into detention ahead of forced removal under the new measures.
If there is a risk they will abscond, they can be put in custody for up to six months, with a 12-month extension in specific cases, such as when the illegal immigrant does not cooperate or when he or she has no valid papers and documents must be obtained from third countries.
Immigrants must be held in specialized detention facilities and decisions to expel them must be done on a case-by-case basis and based on the EU-wide set of criteria.
Currently, the maximum detention period varies from country to country, with some like France imposing a limit of just 30 days, while others including Britain, Denmark, Greece and the Netherlands have no limits at all.
The EU-wide rules are part of efforts to craft a common EU asylum and immigration policy by 2010. - AP
Comments