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Global Trends in Immigration Detention and Alternatives to

Are there alternatives to detention?
The 94-page report “ Dismantling Detention: International Alternatives to Detaining Immigrants ,” examines alternatives to detention in six countries: Bulgaria, Cyprus, Spain, the United Kingdom, Canada, and the United States.
Are detention centers a deterrent to migration?
Human Rights Watch spoke with individuals who had survived a range of hardships in detention centers in Europe and North America, including inadequate nutrition, harassment, and physical abuse. Detention of individuals solely due to their immigration status is harmful, expensive, and ineffective as a deterrent to migration.
What does the Global Compact say about migration detention?
In 2018, the UN General Assembly adopted the Global Compact on Safe, Regular and Orderly Migration, which calls upon all governments to “use migration detention only as a measure of last resort and work towards alternatives.”
What should the European Commission do about immigration detention?
The European Commission should dedicate funding to support Member States and non-governmental organizations in setting up alternatives to immigration detention and urge EU member states that have existing alternatives to detention in place to continue to support and fund these programs and allow and encourage eligible individuals to enroll in them.

Summary

As the harmful effects of immigration detention become more widely known and the appropriateness of detaining migrants is increasingly questioned, governments are looking at alternatives to detention as more humane and rights-respecting approaches to addressing the management of migrants and asylum seekers with unsettled legal status. This report e

Recommendations

Recommendations to All Governments 1. Immediately end immigration detention that is unnecessary or prolonged with the aim to gradually abolish immigration detention. Individuals should not be treated in a punitive manner for immigration-related reasons. Require release from immigration detention in at minimum the following circumstances: 1.1. Detention in conditions that are inhuman and degrading; 1.2. Detention of persons with disabilities; 1.3. Detention of children; 1.4. Detention of families with children; and 1.5. Detenti

Methodology

This report is based on interviews conducted with 27 people in alternative to detention (ATD) programs between October 2020 and July 2021. All individuals interviewed for this report are currently enrolled in ATD programs or previously participated in such programs. For purposes of this report, the term alternative to detention or “ATD” refers to a

Background

International migrants comprise approximately 3.6 percent of the world’s population. That translates to 281 million people who have left their home countries in search of protection or for economic or personal reasons. Hundreds of thousands of these individuals will be detained on immigration-related grounds at some point during their journey. Whil

The United States

Background The United States detains migrants at one of the highest rates in the world. Even after the United States drastically reduced the detained population due to Covid-19, an average of 33,724 migrants were in immigration detention on any one day in fiscal year 2020, which ended in September 2020. Court-ordered releases and custody reassessments based on Covid-19 risk factors were some important steps taken by judges and ICE Enforcement and Removal Operations (ERO) to reduce overcrowding and the r

Bulgaria and Cyprus

Background Three pilot programs on alternatives to immigration detention funded by the European Program for Integration and Migration (EPIM) were launched in early 2017 in Bulgaria, Cyprus, and Poland. In the initial two years, the programs served a total of 126 individuals.All three programs continue to operate at the time of publication and serve varying numbers of people. The programs’ case-management services range from legal help to intensive, holistic support. Case managers serve as the initial po

Spain

Background At the beginning of the Covid-19 pandemic in March 2020, the government began releasing people from immigration detention and closing Spanish immigration detention centers. Initially, those with families in Spain were released back into the community. During the pandemic, Fundación Cepaim, a non-profit that operates reception programs funded by the Spanish Ministry of Inclusion, Social Security and Migration,among others, opened its centers to released migrants who did not have family in the

Canada

Background In response to the Covid-19 pandemic, authorities in Canada released a significant number of people from immigration detention. While 2,578 people were detained between July and September 2019, this number dropped to 476 people in the same period in 2020.This stands in contrast to recent trends revealing that the number of individuals in detention increased every fiscal year between 2016-2017 and 2019-2020, with the number of individuals in detention peaking in fiscal year 2019-2020, when 8,8

The United Kingdom

Background Staff in the UK Home Office are supposed to follow the “General Instructions” on the use of immigration detention, which include a presumption in favor of bail, and require that alternatives to detention be used when possible. The guidance further states that an individualized assessment of the person’s circumstances must be considered, including special consideration for children and families with children. Despite this stated policy commitment and guidance to officials, research by speciali

International Legal Standards

Although domestic and international law does not afford migrants all the same legal rights as citizens, they are entitled to most of the human rights protections contained in the International Covenant on Civil and Political Rights (ICCPR). These include the right against arbitrary detention and the right to privacy, which extend to all people, reg