European Commission backs returning all migrants from Ceuta to Morocco, including minors

The European Commission on Tuesday defended the return to Morocco of all migrants living illegally in Ceuta, including unaccompanied foreign minors who crossed into the city, stressing that EU law also allows for their return.

European Commission spokesperson for home affairs Markus Lammert said during a press conference in Brussels: “We continue to stress that the expectation is for all people staying illegally in Ceuta to be returned.” He also welcomed the Spanish government’s confirmation that no migrant in an irregular situation would be transferred from Ceuta to the Iberian Peninsula.

Asked whether his reference to “everyone” also included minors, despite the special protection afforded to them under EU law, he replied that “this matter is regulated by Union law,” explaining that these rules have been in force since the adoption of the “Return Directive” in 2008.

Under that directive, a decision to return a minor may only be taken after the child has received “assistance from the competent services, taking into account the best interests of the child.” It also requires a member state, before removing an unaccompanied minor from its territory, to ensure that the child will be handed over to a family member or appointed guardian, or that adequate reception facilities are available in the country of return.

European sources told Europa Press that the Return Regulation, agreed in June by the European Parliament and the Council of the European Union, which represents the member states, but not yet in force pending formal approval by the two institutions, also contains provisions on unaccompanied minors “very similar to those set out in the directive.”

The regulation tightens return policy and enshrines the creation of deportation centers outside EU territory, while excluding unaccompanied minors from agreements or arrangements concluded with third countries. At the same time, it allows biometric checks to verify minors’ ages and permits their detention as a “last resort” and for the “shortest possible period,” provided that detention does not exceed 24 months.