New EU Deportation Law Could Affect Thousands of Undocumented Kenyans in Europe

The European Parliament has approved new deportation rules that would make it easier for EU countries to remove undocumented migrants, including Kenyans living in Europe without legal status.

The legislation, approved on 17 June, is one of the most significant changes to the European Union's return policy in recent years. It aims to speed up the removal of non-EU nationals who are found to be living unlawfully within the bloc.

Under the proposed framework, migrants issued with a return order will be required to leave immediately or within a period set by national authorities. The rules also place a legal obligation on affected individuals to cooperate with the return process. Those who fail to do so could face stricter enforcement measures.

Dutch Member of the European Parliament Malik Azmani, who led the legislation through Parliament, said the reforms responded to public expectations on immigration enforcement.

“Today, Europe delivered. People rightly expect that those with no right to stay return to their countries of origin,” he said during the debate.

One of the most debated aspects of the reforms is the expansion of detention powers. EU member states would be allowed to detain undocumented migrants who are considered a flight risk, pose a security threat, or refuse to comply with deportation orders.

Detention periods could extend to 24 months, with the possibility of further extensions in certain circumstances. Authorities would also be allowed to carry out investigations, including searches of homes and the seizure of documents or electronic devices, subject to judicial approval.

The legislation also introduces "return hubs", which would allow EU countries to transfer migrants to third countries that agree to accept them through bilateral arrangements. Supporters say the system would help increase the number of removals, while critics have raised concerns about the protection of migrants' rights and conditions in the receiving countries.

The reforms come as several Western countries adopt stricter immigration policies. The United States has recently increased deportation efforts, including against Kenyan nationals accused of violating immigration laws.

For undocumented Kenyans living in Europe, the proposed rules could result in increased deportations and longer periods of detention. The legislation must still receive final approval from the Council of the European Union before it takes effect. 

Some provisions could be implemented immediately, while others would be introduced gradually over the coming year. The vote took place on the same day that President William Ruto met European Commission President Ursula von der Leyen on the sidelines of the G7 Summit in France.