EU countries agree positions on new asylum, migrant returns policy

Migrants who fail to leave voluntarily could face prison under new return rules

EU countries on Monday agreed their final negotiating positions for several proposed migration laws on new asylum rules, a common EU list of "safe countries of origin" and an EU-wide policy for illegal migrant returns, statements from the Council of the European Union said.

Despite strong criticism from more than 200 organisations, the key elements of the European Commission's proposals will likely become law.

The Council will now negotiate its positions with the European Parliament to agree the final legal texts. Parliament has not agreed its final position but recent drafts retain the same elements.

EU countries also agreed on their "solidarity pool" for 2026 in which they can decide whether to help Mediterranean states with 21,000 relocations, 420 million euros in funds or other measures.

Under the asylum rules, an EU country will be able to reject an asylum application if the person could have received protection in a country the EU considers safe.

"Denmark and a majority of EU member states have been advocating for asylum processing in safe third countries in order to remove the incentives to embark on dangerous journeys to the EU," said Rasmus Stoklund, Denmark's migration minister.

"We - member states - have agreed on a general approach to the revision of the 'safe third country' concept, which allows member states to make agreements with safe third countries on asylum processing outside Europe."

Member states agreed that EU accession candidate countries be designated as "safe" for asylum seekers along with Bangladesh, Colombia, Egypt, India, Kosovo, Morocco and Tunisia.

The Council also agreed its position on a regulation which would create EU-wide rules on migrant returns, including obligations on those issued with return orders for the first time.

Migrants who fail to leave voluntarily could face prison time for non-cooperation as part of the new rules. Further, the new rules will let EU countries set up "return hubs".

Olivia Sundberg Diez, EU advocate on migration and asylum at Amnesty International, said on Monday the agreed positions mirror the "dehumanizing" approach in the US and called the hubs scheme "cruel".

"EU ministers' position on the Return Regulation reveals the EU's dogged and misguided insistence on ramping up deportations, raids, surveillance, and detention at any cost," Sundberg said in a statement.

"These punitive measures amount to an unprecedented stripping of rights based on migration status and will leave more people in precarious situations and legal limbo."