European countries could soon begin sending some migrants to centres outside the EU under a controversial new returns system that has drawn both strong public backing and fierce criticism from human rights groups.

Under the new framework, the focus is on speeding up the return of failed asylum seekers and other non-EU nationals staying in member states illegally. They could be transferred to so-called “return hubs” in third countries rather than to their country of origin. The option is expected to be used where returns are considered unsafe, impractical or likely to take a long time.

The plan was approved by an overwhelming majority in the European Parliament. The related legislation, the Migration and Asylum Pact, came into force last week as part of the wider migration reforms.

National authorities will be able to issue return orders requiring individuals to leave either immediately or within a set deadline. The rules also allow migrants to be detained pending removal, although each case must be assessed individually.

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However, to address criticisms from rights groups, the European Commission stated that detention may be considered only in specific circumstances. For example, if the person refuses to cooperate, is considered likely to abscond, or poses a threat to public order or security.

Critics remain unconvinced. Gianfranco Schiavone of the Italian NGO Associazione Studi Giuridici sull’Immigrazione (ASGI) argues that “drained of its innovative potential, the law replicates old inequalities: the system is born doomed to failure”.

Detention, not a solidarity measure

One of the most controversial aspects of the new legislation concerns detention, including for minors — as denounced by NGOs, S&D, The Left and Greens. Holding unaccompanied minors and families with children may be ordered only as a measure of “last resort and for the shortest possible period”, taking into account the best interests of the child.

Unaccompanied minors will also be exempt from the rules allowing migrants to be sent outside the EU. For others, however, the framework opens the door to transfers to centres in third countries willing to accept them under an agreement concluded with EU member states.

These facilities are referred to as “return hubs”. Such agreements may only be concluded with countries that comply with human rights standards, international law, and the principle of non-refoulement. Before they can enter into force, member states will be required to notify both the Commission and their EU counterparts. As it stands, the centres are expected to be located in Africa — including countries such as Senegal — as well as in parts of the Western Balkans.

Such facilities exist already in other parts of world. Australia has operated offshore processing arrangements since 2012, sending asylum seekers to Papua New Guinea and Nauru. The policy has faced sustained legal challenges and criticism over its human rights impact. Independent reports have documented several deaths and widespread claims of severe physical and psychological harm among people held there.

More than half of Europeans support return hubs

Support for the new framework appears to extend well beyond EU institutions. According to the latest EuroScope survey conducted by Polling Europe in May, a majority of Europeans, 52 per cent, support the establishment of return hubs, compared with 25 per cent who oppose them, while 23 per cent remain undecided.

Polling Europe says the findings point to a “widespread but uneven consensus” across the bloc. Majorities in favor were recorded in every geographical area surveyed, with support peaking in Germany (58%) and Spain (54%). Italy, despite being one of the strongest advocates of the policy—including the much-debated Albanian model—recorded the lowest level of support among the countries surveyed, at 42 per cent.

Attitudes also vary according to political affiliation. Indeed, support is strongest among voters aligned with ESN (70%), followed by ECR (63%), Patriots (61%) and EPP (58%). Nevertheless, backing for the measure remains relatively high across the political spectrum, including among supporters of Renew Europe (57%), S&D (49%), The Left (43%) and the Greens (43%). The political balance among European voters broadly mirrored the divisions inside the Parliament, where the far right played a leading role in securing the outcome.