Members of the European Parliament adopt tough new rules on illegal immigrants allowing detention for up to 18 months prior to expulsion and a re-entry ban of up to five years a move campaigners say will undermine human rights. The move comes amid a tide of anti-immigrant feeling across the wealthy bloc

STRASBOURG France - The Associated Press


The European Parliament yesterday approved new rules for expelling illegal immigrants from the bloc overcoming opposition from left-leaning lawmakers and ignoring protests from human rights activists.

The move comes amid a tide of anti-immigrant feeling across the wealthy bloc with Italy blaming foreigners for a spike in violent crime and France grappling with tensions in the immigrant-heavy suburbs ringing urban centers.

As economic hard times loom in many EU countries governments are coming under increased pressure to act tough on immigration.

Under the new guidelines already approved by EU governments illegals can be held in specialized detention centers for up to 18 months before being expelled. EU countries must provide detained migrants basic rights including access to free legal advice and unaccompanied children or families with kids should be held only as a last resort.

Once found by authorities immigrants first will be given the opportunity to leave voluntarily for up to 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 being processed.

A 12-month extension is possible in specific cases such as when illegal immigrants do not cooperate with authorities or when their identity must be verified with their home country. A re-entry ban of up to five years may be imposed on expelled immigrants who do not cooperate or are deemed a threat.

Common EU policy:

Up to now there has been no common EU policy on expelling illegal immigrants and detention periods have varied from 32 days in France to indefinite custody in Britain the Netherlands and five other countries. The EU estimates there could be up to 8 million illegal immigrants in the 27-nation bloc.

Some Latin American countries have voiced concern that the new rules will lead to a flood of illegal workers returning home; the fears are partly rooted in the fact that their economies depend heavily on remittances from citizens working in Europe. But EU officials said the law itself will not lead to more deportations.

The agreement approved 369-197 with 106 abstentions took more than two years to draft and EU nations will have two years to implement it. The new rules - part of efforts to create a common EU asylum and immigration policy by 2010 - will not automatically apply in Britain and Ireland because they have negotiated opt-outs as non-members of the EU's borderless Schengen zone.

Socialists and Greens were against the law arguing the maximum allowed detention period was too long and a re-entry ban not justified. But they were outvoted by conservative and liberal groups which hailed the new rules as an improvement.

"By introducing minimum safeguards we limit possible excessive behavior by governments" said Dutch Liberal Democrat Jeanine Hennis-Plasschaert.

She pointed out that in a number of countries illegal immigrants await deportation in regular jails alongside convicted criminals which will no longer be allowed under the new rules.

"An illegal immigrant if he has a clean record is not a criminal. We do insist on separate detention centers" she said.

Return of migrants:

But Amnesty International condemned the deal saying it does not guarantee the return of migrants in safety and dignity.

"An excessive period of detention of up to 15 years as well as an EU-wide re-entry ban for those forcibly returned risk lowering existing standards in the member states and set an extremely bad example to other regions in the world" the human rights watchdog said. It also deplored what it said was a lack of guarantees for children.

However French Immigration Minister Brice rejected that criticism saying that standards will not be lowered in his country and the 32-day custody period - the lowest in Europe - will not be changed.

The Immigration Ministry estimates that there are 200000 to 400000 illegal aliens in France population 63 million.

Spain another country grappling with clandestine immigrants said it was considering raising the maximum custody from the current 40 days to 60 - still far below the maximum allowed period.