EU politicians have promised to increase deportations of undocumented migrants under a new law that critics say copies parts of the Trump administration’s harsh immigration crackdown.
Finalizing a key part of an overhauled EU asylum and migration system, politicians have agreed on a regulation that will allow national authorities to raid people’s homes to enforce deportation orders.
People facing a deportation order who are seen as uncooperative or likely to flee could be detained for up to two years, extendable to 30 months, compared to the current 18-month detention limit. Those who refuse to follow a deportation order could lose benefits or other allowances.
The regulation also allows for the creation of offshore return hubs—centers outside the EU where undocumented people would be held for unspecified periods while waiting to be sent back to their home country.
Several EU countries are in talks with nations, mostly in Africa, to set up these return hubs, though no agreements have been announced yet.
The text, agreed on Monday in talks between the main EU institutions—the European Council, the European Parliament, and the European Commission—will allow searches of people’s homes “or other relevant premises” and the seizure of personal belongings to ensure compliance with a deportation order.
Detention will be allowed for unaccompanied minors and families with children, but only “as a measure of last resort” and “for the shortest appropriate period taking into account the best interests of the child,” according to a press release from the European Parliament.
People considered a security risk could face a lifetime ban from entering the EU, compared to the current maximum ban of 10 years.
The EU hopes these measures will increase deportations of people denied asylum, those who have overstayed their visas, or those without residency rights. Currently, only about 20% of people with no right to stay in the EU are successfully returned to their home countries.
EU officials praised the law as an important step in managing migration across the bloc. “With the new rules, we have more control over who can come to the EU, who can stay, and who needs to leave,” said Magnus Brunner, the European commissioner for migration, who drafted the original proposals.
View image in fullscreen: Magnus Brunner said in a statement in Brussels on Tuesday: ‘We have more control over who can come to the EU.’ Photograph: Olivier Hoslet/EPA
Critics accused the EU of copying practices from the US Immigration and Customs Enforcement, which under the second Trump presidency has launched a harsh and violent crackdown on undocumented migrants.
Mélissa Camara, a Green MEP, said the text “weakens procedural rights, extends detention periods, and endorses ICE practices by allowing authorities to conduct home raids.”
The agreement became possible after the center-right European People’s Party (EPP) voted with far-right groups in the European Parliament in March to push through stricter measures on returning undocumented people. Before the parliament shifted rightward in the 2024 European elections, it had typically acted as a check on the tougher instincts of EU member states.
Welcoming the deal, Regina Doherty, an EPP lawmaker from Ireland, said: “This agreement is not about people who have come to Europe legally—those who are working, studying, or contributing to our communities—nor is it about people who have been granted international protection. It is about creating a common European system for dealing with cases where a person has gone through the legal process and has been found not to have the right to remain.”
She said there was “too much misinformation” about migration, with complex issues reduced “to slogans, outrage, and false claims.”
Silvia Carta, an advocacy officer at the Brussels-based Platform for Cooperation on Undocumented Migrants, said the law would “expose hundreds of thousands of people to harm and violence—from locking people up in immigration detention for up to 30 months to”…tearing families apart and sending people to countries they don’t even know.” She added: “Across the Atlantic, we see the violence and fear caused by ICE’s harsh immigration enforcement. Europe should learn from the damage that model has caused, not create its own version of it.”
The returns law, which will be formally approved by the EU Council and parliament, marks the end of a major overhaul of asylum and migration rules. This process began in 2020, aiming to prevent a repeat of the 2015 migration crisis, when 1.3 million people—many fleeing war-torn Syria and Afghanistan—sought refuge in Europe.
Frequently Asked Questions
Here is a list of FAQs about the EUs immigration enforcement system and comparisons to ICE
BeginnerLevel Questions
1 What is ICE and why are people comparing it to the EU
ICE is the American agency that enforces immigration laws detains people and carries out deportations Critics say the EU is building similar systemslike a centralized database and a border forceto track detain and deport migrants
2 Is the EU actually creating its own version of ICE
Not exactly The EU doesnt have a single agency like ICE Instead its creating a set of rules and toolssuch as the European Border and Coast Guard and the Eurodac fingerprint databasethat act like a decentralized ICE Critics argue the effect is the same mass surveillance and enforcement
3 What is Frontex
Frontex is the EUs border agency It helps member countries patrol borders stop irregular crossings and sometimes assist with deportations It has grown rapidly with a larger budget and more staff which is why some call it the EUs ICE
4 How does the EU track migrants across its borders
Through a system called Eurodac When someone applies for asylum or is caught crossing irregularly their fingerprints are stored in a central database This lets countries share data and prevent people from applying for asylum in multiple countries
5 Does the EU deport people like the US does
Yes but its more complicated The EU has a Return Directive that sets rules for deporting people without legal status Each country does its own deportations but the EU is pushing for faster more coordinated removalssimilar to ICEs focus on enforcement
AdvancedLevel Questions
6 What specific EU policies are being compared to ICEs tactics
Several the 2020 New Pact on Migration and Asylum the Eurodac reform and the EU Return Coordinator role Critics say these create a deportation machine
7 How is the EUs system different from ICE in legal terms
The EU system is based on shared rules among
