The new law lays down rules and conditions under which returns can be carried out. Amongst others, the law also limits detention periods to six months, which can be exceptionally be extended up to a maximum of eighteen months.

“Europe is finally getting its act together on the return of illegal immigrants” Simon Busuttil said, welcoming today’s approval in Parliament. “This law will help Member States organise returns better and a specific EU fund on returns will now also be rolled out to finance returns.” he said.  

Dr Busuttil said that the law was a compromise and as such it was not perfect and did not meet everyone’s expectations. “By definition, a compromise is a balance between different interests. And there were hugely divergent interests here. But at least it is there and it is a start.” he said.

Addressing the plenary session yesterday during the debate on the law, Dr Busuttil had urged MEPs to support the compromise as opposing it would have meant sending the wrong message that illegality is not a problem and that it is fine to stay in the EU illegally. “But it is not fine and it is not acceptable.” Dr Busuttil said.

There are an estimated 8 million illegal immigrants in the 27-nation European Union. Almost a million were turned back at EU borders in 2006. The new EU immigration rules approved by the European Parliament included the right to be able to detain illegal immigrants for up to 18 months to decrease flight risk while deportation is being processed as well as a re-entry ban of up to five years may be imposed on expelled immigrants who do not cooperate or are deemed a threat.

The rules also say that illegal immigrants must be placed in specialized detention centers and not in prisons with convicted criminals. Illegal immigrants must be given access to free legal advice, and children and families with children should only be detained as a last resort.

EU governments have two years to implement the new rules.