MercoPress. South Atlantic News Agency

EU approves tough rules for expelling illegal immigrants

The European Parliament adopted on Wednesday tough rules on expelling illegal immigrants, which could see them held in custody for up to 18 months and banned for five years if they resist. 367 members of the European Parliament voted in favor of the bill and 206 MEPs opposed it, while 109 members abstained.

The new rules, which could come into force in 2010, mainly targets about 12 million visa-over stayers in the continent and do not cause concern for refugees who want to seek asylum in Europe. Immigration authorities in EU nations will be required to issue residency or other permits to people coming in illegally from outside the bloc or send them back to their countries. The EU says the vast majority of the immigrants come to Europe from North Africa, former Soviet countries and the Balkans. For instance, 24,000 sub-Saharan African immigrants were caught trying to reach Spain in 2006 and 10,000 in 2007. Until now, there has been no common EU policy on expelling illegal immigrants, and detention periods varied from 32 days in France to indefinite custody in Britain, the Netherlands and five other countries. Under the new guidelines, already approved by EU governments, illegal immigrants can be held in specialized detention centers, not jail for up to 18 months before being expelled. However EU countries must provide detained migrants basic rights, including access to free legal advice, and unaccompanied children or families with children should be held only as a last resort. Following apprehension, immigrants will be given the opportunity to leave voluntarily within 30 days. If there is a flight risk or they do not comply, they can be put in custody for up to six months while their deportation is processed. The EU estimates there could be up to 8 million illegal immigrants in the 27-nation bloc, many of them living in squalid conditions and engaged in the black market economy. This compares to roughly 11 million undocumented aliens in the US. Almost one million migrants were turned away at EU borders in 2006, half a million were caught inside the bloc and 200,000 of those deported, mostly from southern European countries such as Spain, Italy and Greece. The law took more than two years to draft due to differing positions among the EU 27 members, and governments will have two years to implement it. The rules are part of efforts to create a common EU asylum and immigration policy by 2010. Amnesty International condemned the deal, saying it does not guarantee the return of migrants in safety and dignity.