The “Return Regulation” passed last month by the European Parliament is destined to have a big impact on migrants across Europe — especially LGBTQ+ ones. Here’s why.
On paper the law, which passed by a 418-218 vote, is described as a normal update to migration rules. But when you look closely, it’s much tougher than that. It increases detention, expands police powers, and it could send LGBTQ+ people to non-E.U. countries where they face violence or criminalisation.
For starters, the law turns average law enforcement personnel into active immigration agents.
More raids, more surveillance, more racial profiling
The new law tells authorities to actively find and track people who don’t have regular immigration status. That means more ID checks, more home raids, more data collection, and more searches in everyday places such as schools, hospitals, shelters, workplaces and private homes.
This could turn normal public spaces into places where immigration control happens all the time. And when policing increases like this, racial profiling also increases. People may be targeted because of how they look, what language they speak, or even their name — not because they’ve done anything wrong.
For LGBTQ+ migrants, especially trans people and people of colour, this creates extra fear. Many people already face discrimination. This law adds another layer of distress.
Increased detention, even for children
The Return Regulation makes detention much easier and much longer. Right now, the maximum detention period is 18 months. Under the new law, it can go up to 24 months, and even 30 months in some cases.
People can be detained for reasons such as being homeless, not having ID, and not having enough money.
The the law also allows detention of children and families. We know from years of evidence that detention harms children and causes long‑term trauma. But the regulation still allows it.
For LGBTQ+ migrants, detention is especially dangerous. Many have already lived through trauma, rejection or violence. Long detention can make mental health worse. It’s also unclear whether they will get the healthcare they need, such as hormones, antiretrovirals or antidepressants.
Authorities get sweeping new powers
The regulation gives governments stronger powers with fewer safeguards. For example, authorities can search private homes without a judge’s warrant, take personal belongings, including phones and laptops, and force people to give biometric data (such fingerprints or facial scans).
All of this can happen through administrative approval, not a court order. This reduces oversight and makes it harder for people to challenge unfair treatment.
For LGBTQ+ migrants, who may already fear reporting abuse or discrimination, this creates an environment where staying silent feels safer — even when they’re being mistreated.
Harsh penalties for people who cannot comply
The regulation introduces strict “cooperation” rules for people facing deportation. If someone cannot provide documents they don’t have, or cannot cooperate with authorities from another country, they can be punished. Penalties include detention, imprisonment, and entry bans of up to 20 years.
This treats migration as a punishment issue rather than a human rights issue. Many migrants simply cannot provide the documents demanded, especially LGBTQ+ people who fled unsafe countries.
‘Return hubs’ pose a major threat to LGBTQ+ people
One of the most worrying parts of the law is the creation of return hubs — deportation centres in countries outside the EU. People could be sent to these hubs even if they have no connection to the country. These hubs could be set up through informal agreements with very little democratic oversight.
The EU already has a “safe countries of origin” list that includes countries where homosexuality is criminalised and gender identity is restricted, so that applications from countries on the list (Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, Tunisia) can be fast-tracked for the safety of the asylum-seekers.
Under the Return Regulation, return hubs could be placed in countries such as these where LGBTQ+ people are not safe. For queer migrants, this is not just a policy detail — it is a direct threat to their lives.
More people pushed into irregularity and legal limbo
The regulation allows deportation orders to be issued immediately after someone’s legal stay ends, without checking humanitarian permits, family ties, medical needs, or the best interests of a child.
This approach doesn’t create stability. It creates fear. It pushes people into irregularity, where they have no rights and no protection. For LGBTQ+ migrants, irregularity often means invisibility — and invisibility means danger.
Why LGBTQ+ people are especially vulnerable
LGBTQ+ migrants already face discrimination based on sexual orientation, gender identity, gender expression, or sex characteristics. Many also face racism, xenophobia, and social exclusion. The new regulation adds more risks:
- They may be sent to countries where being LGBTQ+ is illegal.
- They may lose access to essential medication.
- They may be afraid to report abuse.
- Detention may worsen trauma.
- Increased policing will target racialised trans people the most.
- The regulation contains no meaningful safeguards for LGBTQ+ people.
Why this matters for LGBTQ+ Christians
For LGBTQ+ Christians, this is a moment to pay attention. Jesus consistently moved toward people who were pushed aside. He crossed boundaries. He protected the vulnerable. He showed love that acted, not love that waited.
This regulation will affect real people such as queer migrants fleeing violence, trans asylum seekers needing medical care, and families hoping for safety.
As LGBTQ+ Christians, we can respond with compassion and courage. We can speak up. We can support organisations helping migrants. We can refuse to let fear or indifference define our response.
This law is harsh. But it is also a moment for us to show the kind of love Jesus taught — the kind that moves toward people, not away from them.
Based in France, Liz Queyrel reports on LGBTQ+ Christian life across France and greater Europe.