EU proposes allowing deportation of asylum seekers to third countries

On Tuesday, the European Union's executive body proposed changes to EU legislation that would permit member states to deport rejected asylum seekers to countries with which they have no prior ties—an approach that human rights organizations warn could erode the right to asylum.

The European Commission stated that the amendments would allow for the removal of asylum seekers to a third country deemed “safe” by the EU, even if the individual has no connection to that country. The Commission said this would help “streamline asylum procedures and ease the burden on national asylum systems.”

Under the proposal, the current requirement for a link between the asylum seeker and the third country considered safe would be eliminated.

“The updated Safe Third Country concept offers an additional mechanism to support member states in handling asylum requests more efficiently, while upholding the EU’s core values and fundamental rights,” said Magnus Brunner, the EU Commissioner for Internal Affairs and Migration.

Since the 2015 migration crisis—when over a million people, primarily fleeing conflict in Syria, crossed into the EU via the Mediterranean—anti-immigration sentiment has grown throughout the 27-member bloc. With no consensus on how to equitably distribute responsibility, EU nations have focused largely on deportations and preventing new arrivals.

The proposed amendments also state that asylum seekers whose claims are rejected would not automatically be permitted to stay in EU territory while appealing the decision.

Amnesty International strongly condemned the proposal.

“This revision would further restrict access to asylum in Europe, undermine human rights protections, and raise the risk of refoulement and arbitrary detention in third countries—particularly in light of the EU’s ongoing failure to ensure human rights compliance in its partner states,” said Olivia Sundberg Diez, Amnesty’s EU migration and asylum advocate.

The proposal is part of the EU’s migration pact adopted in 2023 and set to come into force in 2026, though it still needs approval from both the European Parliament and EU member governments.

In April, the European Commission included countries such as Egypt and Tunisia—both criticized for their human rights records—on its list of “safe countries” where failed asylum seekers could be returned.

A month earlier, the Commission also suggested allowing EU member states to establish processing centers in non-EU countries where rejected asylum seekers could be held while awaiting deportation.