A/80/302
assistance upon arrival. In practice, however, children are effectively detained in
precarious conditions in those so-called safe areas. 49
20. In 2025, the European Commission put forward a proposal for a European Union
regulation on a common system for the return of third-country nationals. The
proposed regulation, which would replace the European Union Return Directive,
would expand the possibility under European Union law of sending persons in an
irregular situation to third countries. 50 If adopted, member States would be allowed
to send persons who have received return decisions, except unaccompanied children
and families with children, to a third country that is not necessarily a transit country.
Under the proposed regulation, States would be required to have an agreement with
the third country and the third country would be required to respect international
human rights standards and principles, including the principle of non-refoulement. 51
Return hubs raise concerns regarding detention and onward return.
21. When Italian courts blocked the implementation of the protocol concluded by
Italy and Albania (see para. 15), Italy approved a decree in March 2025 to repurpose
one of the two migrant processing centres into a repatriation hub. Under the new
framework, the centre is designated to hold migrants whose asylum requests have
been rejected or declared inadmissible in Italy and who are awaiting deportation.
Although Italian law formally applies to the asylum procedure, in practice, the
application of the right to legal defence raises concerns because of the distance of the
centre from Italy. Other concerns include uncertainty about the applicability of return
standards stipulated by Italian and European Union law and the implementation of
detention safeguards. 52
22. In another example of a State returning or expelling persons to a third State, the
United States entered into bilateral agreements in early 2025 with Costa Rica,
El Salvador, Guatemala, Honduras and Panama to allow the transfer of refugees and
migrants. At the time of writing, 299 persons of various nationalities had been sent to
Panama and 200 to Costa Rica, including 81 children. Some 252 Venezuelans,
including asylum-seekers purportedly with criminal convictions, were deported to
El Salvador to be detained in its maximum-security Centro de Confinamiento del
Terrorismo (known as CECOT). 53 More recently, the United States signed agreements
for “third country deportations” with Eswatini and South Sudan, as confirmed by
official statements issued by the Governments of those countries. 54 On the basis of
those agreements, the United States has carried out removal flights to those countries
and is seeking to sign additional agreements with other countries. 55 While the
aforementioned agreements appear to differ in terms of procedure and have thus far
affected individuals with different legal status, including stateless persons, all of these
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50
51
52
53
54
55
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Submission by Asylex.
European Commission, “Proposal for a regulation of the European Parliament and of the
Council establishing a common system for the return of third-country nationals staying illegally
in the Union” (2025).
Izabella Majcher, “The New EU ‘Common System for Returns’ under the Return Regulation:
evidence-lacking lawmaking and human rights concerns”, EU Law Analysis (2025).
Submission by Associazione per gli Studi Giuridici sull’Immigrazione; and European
Parliament, “Returns of migrants from detention centres in Albania and breach of Directive
2008/115/EC by the Italian Government”, Parliamentary question (1 July 2025).
Communications USA 14/2025 and SLV 1/2025.
See https://mofaic.gov.ss/official-statement-on-the-arrival-of-third-country-nationals-and-southsudanese-deported-from-the-united-states-of-america-to-south-sudan/; and
https://x.com/EswatiniGovern1/status/1945482350567055605.
See https://www.ohchr.org/en/press-releases/2025/07/un-experts-alarmed-resumption-usdeportations-third-countries-warn.
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