'Voluntary' departures and more forceful returns
The latest version of the Returns Directive provides for a period of "voluntary departure" between seven days and thirty days. If the illegal immigrant does not leave voluntarily and return to his home country within this period, the national authorities can issue a "removal order". Such removal orders include a re-entry ban of a maximum of five years. "Coercive measures" to carry out the repatriation (usually by air) of illegal immigrants who resist removal are envisaged only as "a last resort" and should "not exceed reasonable force".
'Return' is understood as sending back illegal immigrants not only to their own country but also transit countries from whence they came, or to any other country to which the immigrant agrees to return and which accepts him/her.
Detention possibilities
When there are serious grounds to believe that the illegal immigrants may hide, EU states have agreed upon a procedure to keep them under detention. Each member country shall set a limited period of detention, which may not exceed six months. These detentions are carried out as a rule in specialised facilities and not in prison. When a member country cannot provide such accommodation and has to resort to prison facilities, the detainees should be separated from ordinary prisoners.
Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest time possible.
Socialists still undecided
Although the leader of the Party of European Socialists (PES) Martin Schultz issued a declaration welcoming the compromise package, individual PES members introduced ten amendments to some of its provisions. These include the reduction of the maximum detention period and the extension of delays for voluntary departure. If any of these obtain a majority in plenary, the co-decision procedure would delay the adoption of the directive by a year or more.
Among the amendments proposed by the Socialists are the extension of the period of voluntary departure, the introduction of clearer criteria for determining the "risk of absconding" and therefore avoiding unnecessary detentions, a more careful approach when dealing with children, less strict requirements to trigger a re-entry ban of a maximum of five years, easier access to legal aid and more legal safeguards in case of detention.



