Detention  
Caritas Europa is in principle against the detention of rejected asylum seekers and undocumented migrants. Detention should only be used as last resort. Regrettably enough, the text allows Member States to detain people for up to 6 months (article 14). This period can be extended to 18 months. For the organisation, the latter provision undermines the safeguards provided in the same directive by sanctioning the detention up to 18 months pending removal of persons who have not committed a crime.

Being firmly opposed to detention of children, Caritas Europa finds disappointing that the directive allows for detention of unaccompanied children and families with children (article 15), even if only as last resort. 

Re-entry ban 

Caritas Europa considers that the EU-wide re-entry ban for a maximum of five years is disproportionate to the objective of removing undocumented migrants and has the effect of a double penalty. Indeed, the directive foresees a systematic re-entry ban for those who are forcibly returned (article 9).

Voluntary return  

Caritas Europa supports the EU commitment to prioritise the option of voluntary departure. However, the period of 7 to 30 days granted by the directive (article 6 a) for leaving the territory of the concerned Member State, is not an adequate expression of this commitment. The experience of Caritas organisations in counselling returneees shows that more time is necessary in order to enable return in dignity.

Ahead of the crucial vote in the European Parliament,  Caritas Europa, the Conference of European Churches, the Commission of the Bishop's Conference of the European Community and the Churches' Commission for Migrants in Europe had sent a joint letter to all Members of the European Parliament (MEPs) in a last attempt for them to take the following points:

• Restrict use of administrative detention
  
  
• Restrict use of the re-entry ban to exceptional circumstances and provide procedures to mount legal challenges to related administrative actions
  
  
• Improve the access to voluntary return by granting for this purpose at least 30 days, if not the equivalent of time foreseen for comptetent authorities to enforce removal following an expulsion order  

The Caritas Europa network will closely monitor transposition and implementation at national level after entry into force of the Return Directive.