EU's New Return Regulation Puts LGBTI Migrants at Serious Risk

On June 17, 2026, the European Parliament passed the EU Return Regulation by 418 votes in favor and 218 against. The regulation significantly expands immigration enforcement: it broadens grounds for detention, extends maximum detention periods from 18 to up to 24 months (or 30 in exceptional cases), enables home raids and surveillance, and creates 'return hubs' in third countries for deportations.

ILGA-Europe identifies several specific risks for LGBTI migrants. People could be transferred to countries where homosexuality is criminalized, cutting off access to vital healthcare such as hormone therapy and antiretroviral medication. Extended detention also threatens the mental health of those with trauma histories. Expanded surveillance particularly harms racialized trans individuals through heightened profiling.

The organization states the regulation contains 'no meaningful safeguards that specifically address the protection needs of LGBTI people.' More than 250 civil society organizations and 110,000 people had opposed it in 2025.

While Switzerland is not an EU member, it is deeply integrated into the Schengen framework and European migration governance structures. The precedent set by the regulation is relevant for Swiss policy debates, particularly regarding asylum seekers from countries where LGBTI identities are criminalized.

Last checked: 21 July 2026