A compromise agreement was reached on Tuesday night between officials of the three main decision-making bodies of the EU - the European Parliament, Council and Commission - on a set of new common EU rules on how to deal with illegal immigrants.
However, this agreement still needs the approval of all the 27 member states and the scrutiny of MEPs.
Sources close to the European Parliament yesterday told The Times that many groups in the Parliament, particularly the Socialists, have already declared they will not vote for this agreement. There are also serious reservations on the part of some member states.
According to the draft "return" directive, proposed by the Commission more than three years ago, EU member states will have common rules regarding the duration of detention periods for illegal immigrants, the introduction of voluntary time frames in which illegal immigrants are asked to return to their country of origin and on how forced deportations are to be made.
The draft directive also provides for a five-year ban from Europe for all people who have been expelled from any of the EU's member states.
European Parliament sources said that in Tuesday's meeting a compromise was reached so that the period of detention, one of the biggest sticking points, would be set at a maximum of six months, extendable to 18 months in case of "extraordinary circumstances".
Malta had opposed this proposal arguing that the issue of detention should be tackled directly by member states as circumstances are different in every country. However, the sources said that it seemed Malta could now "live with" this agreement as it is covered by its current rules.
Malta has already established a maximum 18-month detention period for illegal immigrants who land on the island.
Being an overpopulated island on the periphery of Europe, Malta should qualify as a country with "extraordinary circumstances", the sources said.
The compromise has however been harshly criticised by the Socialist group in the European Parliament.
Martine Roure, the Socialist rapporteur on this dossier, yesterday issued a statement that the proposal could not "be supported in its present state by the Socialist group".
Mr Roure is particularly concerned by an agreement that member states should be allowed to keep immigrants in detention for up to 18 months if there is a delay in obtaining the necessary documentation from third countries or in "extraordinary circumstances".
The European United Left and Nordic Green Left (GUE/NGL) group in the Parliament also opposes the draft text, and the green coalition, G-EFA, has expressed disappointment with the proposal.
Current time limits for detention in the EU vary widely between member states. In France and Cyprus the legal limit is one month while in seven member states there is no limit at all.
MEPs are due to vote on this directive during the May plenary session in Strasbourg. If it is approved, EU justice ministers will be asked to vote on the agreement in June.