EU tightens migrant return rules: Fines, restrictions and criminal prosecution

European Union interior ministers agreed on stricter rules for the return of migrants without a right of residence, during the Home Affairs Council meeting held on October 1 in Luxembourg.

Under the new rules, people who do not have the right to stay in the EU will have to leave and cooperate with the authorities. In case of refusal, they may face punitive measures, including reduced benefits, fines or criminal prosecution.

A new European Return Order will enable member states to recognise each other’s return decisions. The rules also provide for the possibility of indefinite entry bans for people considered a security risk, as well as extending bans beyond 24 months.

The EU will also allow the creation of return centres outside the union’s territory. The rules will not apply to unaccompanied minors and are expected to enter into force in the coming weeks.

The new measure comes at a time when, according to European Commissioner for Migration Magnus Brunner, irregular arrivals in the EU have fallen by 55% over the last two years. However, effective returns remain significantly lower.

In 2025, EU authorities ordered around 492,000 people to leave the union’s territory, while only around 135,000 of them were returned.

Greek Migration Minister Thanos Plevris said the first return centre could open in the second half of 2027 in an African country, whose name has not yet been made public.

Meanwhile, the United Nations Office for Human Rights has expressed concerns over the lack of clear rules on monitoring, the right of appeal and conditions in reception centres outside the EU.