A/HRC/38/41 leave the country on migrants themselves, even though many rejected asylum seekers originate from countries that are relatively poor in terms of freedom, safety and living standards. Once a person is considered non-compliant, the “voluntary” return procedure is ended and a forced return process is initiated. In practice, it is not always sufficiently clear which actions or omissions result in a person being classified as non-compliant.11 1. Return policies 25. Returns to countries of citizenship or prior residency are an integral part of current migration policies and are a “globally ascendant practice”.12 Political pressure to increase deportation rates poses risks for the respect of human rights. Over the past few years, destination countries have labelled a large number of countries of origin of refugees and persons with protection claims as being “safe”. Asylum seekers from listed countries are confronted with accelerated asylum procedures, a higher burden of proof in asylum applications and the rule that their appeals do not have a suspensive effect. 13 26. In the European Union, standards and procedures applicable to persons subject to a return decision are regulated by Directive 2008/115/CE, which requires States members of the European Union to issue a return decision to undocumented migrants, unless their status is regularized. In 2017, the European Commission adopted a new action plan and recommendation for Member States on how to best implement the return directive with a view to achieving more effective return procedures. Member States are required to make the most of the flexibility offered by the return directive, including by limiting safeguards and expediting the asylum procedure by rationalizing (namely, restricting) legal remedies. 14 27. Numerous human rights concerns have been raised with regard to the practices adopted in certain States members of the European Union in their procedures to return undocumented migrants to their countries of origin. According to information provided in a position paper on the directive by the Platform for International Cooperation on Undocumented Migrants, these practices include the use of systematic and prolonged detention, the detention of children and their families, violence and violations of the principle of non-refoulement during removal procedures, lack of access to justice and redress mechanisms, and the lack of effectiveness of return policies. In this regard, the Fundamental Rights Agency of the European Union has stated that, while States have a right to control immigration, certain enforcement measures such as reporting obligations, data-sharing or arresting migrants in front of schools have a negative and often disproportionate impact on the human rights of irregular migrants. 15 28. Strengthened immigration enforcement efforts in the United States of America and tighter border security measures also threaten to increase the return of migrants from the United States to Mexico and the Northern Triangle. While deportations to Mexico and Central America did not increase in 2017, apprehensions of undocumented immigrants in the United States increased by 40 per cent in the first seven months of 2017 over the figures for 2016. Phasing out the Deferred Action for Childhood Arrivals and the Temporary Protected Status protection programmes threatens to have a significant impact on the potential return of migrants and asylum seekers or their families to Mexico and Central America. 29. Assisted voluntary return programmes are also a central component of prevailing migration management policies. The programmes, which are aimed at assisting States to address the practicalities of the return process, are mainly administered by IOM, though other smaller providers are also involved. 16 Returns of this type are faster and less 11 12 13 14 15 16 Ibid. Daniel Kanstroom, “Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens”, Harvard Human Rights Journal ILC Forum Essays, 2016. “Deported: human rights in the context of forced returns” (see footnote 10). Caritas Europa, “Human rights and human dignity” (see footnote 4). Solidarity, “Fundamental rights of migrants in an irregular situation in the European Union”, European Union Agency for Fundamental Rights, 2011. Assisted voluntary return and reintegration has become a central component of migration policies in 7