Europe's retreat on migration: new pact fosters control and return policies over reception mechanisms

This Friday, the European Pact on Migration and Asylum comes into force in the European Union, a broad legislative package that seeks to unify the management of arrivals of migrants and applicants for international protection in the Twenty-Seven. Although community institutions present the reform as a solution to achieve "orderly and supportive" migration, numerous humanitarian organizations and human rights experts warn that it represents one of the biggest setbacks in the protection of refugees in recent decades.

The agreement, approved by the European Parliament in April 2024 and subsequently ratified by the Council of the EU, introduces new mechanisms to strengthen control of external borders, streamline asylum procedures, and facilitate the deportation of those who do not obtain international protection.

Among the main novelties is the implementation of mandatory controls for people arriving irregularly in community territory. These examinations will include identity, security, and health checks before they can access the asylum procedure. In addition, the Eurodac database expands its functions to more comprehensively register those entering the Union, allowing for more detailed monitoring of migratory movements.

Another key point is the implementation of accelerated procedures at the border for certain asylum seekers. Brussels argues that this measure will allow for faster resolution of cases, but human rights organizations warn that it could hinder effective access to legal guarantees and increase the risk of unjustified rejections.

The reform also maintains the principle that migrants must submit their application in the first country of entry to the EU and remain there while it is determined which State is responsible for processing their case. Although the pact incorporates a system of solidarity between countries through relocations or financial contributions, several NGOs consider that the burden will continue to fall mainly on the States located at the external borders, such as Spain, Italy, or Greece.

Criticisms focus especially on the greater weight given to control and return policies versus reception mechanisms. Various entities denounce that the new framework prioritizes migratory containment and the externalization of borders through agreements with third countries to curb irregular departures, a strategy that, they argue, can expose thousands of people to vulnerable situations.

Likewise, the pact contemplates closer cooperation with countries of origin and transit to facilitate readmissions and combat human trafficking networks. In parallel, the EU intends to promote legal channels for labor migration through new international recruitment and training programs.

Although European institutions defend that the agreement provides legal certainty and a common response to migratory challenges, social organizations and refugee support groups argue that the text significantly toughens the conditions for accessing asylum and reinforces a vision focused on security and border control. For these groups, the entry into force of the pact marks a change of course that could limit the effective exercise of the right to request international protection within the European Union.