Grave concerns over asylum rights under the EU migration pact

(EUROPEAN UNION (EU)) The EU Migration and Asylum Pact, approved by the European Parliament in April 2024 and by the Council in May 2024, is set to come into force in June 2026. Human rights organizations, legal experts, and refugee advocates say the package could roll back protections for asylum seekers across the bloc, warning of expanded use of border detention, fewer safeguards, and a higher risk of rights violations during screening and return.

At the core of the dispute are new fast-track procedures carried out near external borders, often inside or next to detention centers. Under the Pact, people from countries with low recognition rates can be channeled into accelerated checks with only one appeal permitted. Rights groups say these steps prioritize speed over fairness, limit access to lawyers, and reduce independent oversight.

“The Pact will set back European asylum law for decades to come,” Amnesty International says, and it will “put more people at risk of human rights violations at every step of their journeys,” especially through expanded border detention and weakened access to protection.

Policy changes: what the Pact introduces

• Accelerated border procedures and expanded detention are central features.
• Authorities would be allowed to keep many applicants, including families, in border facilities while officials assess their claims.
• Children could be affected: critics note that children as young as six may be fingerprinted, and many families could be held for up to three months during processing.

Human Rights Watch calls the Pact “a disaster for migrants and asylum seekers,” highlighting dangers such as substandard procedures, denial of legal aid, and the institutionalization of rights violations.

Restrictions on safeguards

Rights advocates warn of several rollback measures:

• Fewer in-person appeal options and only one allowed appeal in many fast-track cases.
• Reduced access to legal advice and limited presence of lawyers during early stages.
• Weaker reception standards, potentially lowering living conditions in reception and border facilities.

In Ireland, the proposed International Protection Bill 2025, intended to transpose the Pact, has drawn scrutiny for omitting key protections and remaining silent on sensitive issues like age assessment and reception conditions. The Irish Refugee Council and Nasc Ireland caution that national laws implementing the Pact could dismantle protections and prioritize enforcement over fairness.

Emergency powers and externalization risks

• Emergency clauses let member states apply special measures in “crisis” situations.
• Critics fear these clauses will increase the risk of pushbacks and externalization, enabling arbitrary detention and denial of the right to seek asylum.
• There is concern the Pact may shift responsibility to non-EU countries, undermining the principle of non-refoulement (the rule that people should not be sent back to danger).

Solidarity mechanism and member-state response

The Pact introduces a mandatory solidarity mechanism intended to share responsibility across member states. Key features and reactions:

• States can relocate asylum seekers or offer other types of support instead.
• A country may opt out of relocations by paying €20,000 per person not accepted.
• Several governments, including Poland and Hungary, have refused to implement the new rules.
• By December 2024, only 14 of 27 EU member states had submitted implementation plans, raising doubts about uniform roll-out and increasing the risk of unequal treatment at borders.

Impact and implementation questions

Legal specialists warn the Pact’s complexity could lead to:

1. Mounting court challenges due to unclear or rushed procedures.
2. Administrative strain from tighter deadlines and fewer review stages.
3. Reduced meaningful scrutiny, particularly in under-resourced border zones.

These dynamics raise the danger that asylum seekers with strong claims may be rushed through without proper checks or turned back without a full hearing.

Human costs and vulnerabilities

Advocates stress the tangible human impacts behind technical changes:

• Parents in detention centers worry about children’s schooling and mental health.
• Unaccompanied minors face heightened risk in closed settings.
• People with trauma may struggle to recount their stories under extreme time pressure.
• Limited access to counsel—especially in remote border locations—could compound these harms.

Civil society organizations are calling for urgent revisions. They request that national laws transposing the Pact retain strong safeguards, including:

• Real access to legal aid
• In-person appeals where needed
• Decent reception conditions
• Clear, child-centered rules to prevent unnecessary detention

According to analysis by VisaVerge.com, advocacy groups across the bloc have increased coordination to press for these changes before the 2026 deadline.

Political split and likely outcomes

• Some governments argue the Pact brings order and clarity after years of disputes.
• Others see it as an attempt to outsource responsibility and harden borders.
• With several states resisting or delaying implementation, uneven application appears likely unless the European Commission enforces compliance or lawmakers amend the rules.

The risk, experts say, is a patchwork system where people’s rights depend on where they enter the EU.

Five main dangers cited by stakeholders

• Erosion of asylum rights
• Expanded detention and limited legal safeguards
• Increased risk of pushbacks and externalization
• Administrative dysfunction and legal challenges
• Deepening divisions among EU member states

Amnesty International, Human Rights Watch, and leading Irish groups warn these outcomes would undermine EU and international obligations toward refugees. They argue the Pact normalizes detention, limits appeals, and encourages fast removals—making it harder for people fleeing persecution to find safety.

Practical effects for asylum seekers and authorities

For families and individuals on the move, the Pact will shape every step:

• Fingerprinting and screening at the border
• Location and length of stay in detention facilities
• The chance of a fair interview with a lawyer present

One appeal only, limited preparation time, and closed settings may define many asylum seekers’ experiences. For local authorities and courts, the system could bring:

• Increased pressure
• More contested cases
• Higher stakes when errors occur

EU officials defend the Pact as a common framework after years of stalemate. But with only 14 implementation plans submitted by late 2024 and open resistance from some capitals, the road to June 2026 looks uncertain.

National debates—such as in Ireland—suggest the final shape will depend on how each member state writes the rules into domestic law and whether they retain or drop hard-won safeguards.

Calls from civil society

Civil society groups urge the EU to ensure that:

• Accelerated procedures do not come at the cost of fairness
• Any use of detention centers is a true last resort
• There is open access to legal help and independent monitoring at borders
• Strict protections are in place for children
• Transparency is maintained about any deals with non-EU countries to avoid breaching non-refoulement

Official information on the legislative package is available from the European Commission: European Commission – New Pact on Migration and Asylum.

As the 2026 implementation date nears, legal challenges, national bills, and the EU’s enforcement approach will decide whether the Pact narrows or widens the gap between the promise of protection and the reality faced by asylum seekers at Europe’s borders.