Working together to end immigration detention:
19
a collection of noteworthy practices
Community-Based Solutions: Transforming the
Approach Beyond Detention and Return
Community-based solutions are based on a broader case resolution approach, and cannot
be viable if they are implemented in the context of policies which focus on deportation and
return as the only possible outcome for people in an irregular administrative situation. Such
a focus is likely to result in situations marked by socio-economic exclusion, discrimination, and
human rights violations, whether in the country of origin when people are forcibly returned
or when individuals are compelled to live in an irregular status, often for extended periods.
To address this issue, effective and large-scale community-based solutions need to be accompanied by a shift away from considering return as the primary – or often only – option for
people in an irregular administrative situation. Instead, there should be consideration of various
case resolution options, including pathways to attain a regular residence status. For instance,
over 60 national protection statuses exist in the EU in addition to international protection,
including on humanitarian or medical grounds, exceptional circumstances, best interest of the
child, and non-refoulement.97
Yet, many people still fall through the cracks because
people at risk of detention while allowing them to
the criteria to apply are too stringent or arbitrary, and
live in their communities. These projects take as a
because of administrative or legal barriers to access
starting point that single adults, families and children
these permits or other forms of regularisation. Given
without regular residence should themselves be
this context, community-based solutions can play a
actors of their sustainable future project, and that
crucial role in assisting individuals and their families
these projects should be based on engagement
as they navigate these often complex procedures,
rather than enforcement.
serving a more extensive purpose than just preventing migration detention.
In 2017, the European Alternatives to Detention
Network (EATDN)98 was founded by a group of NGOs
This chapter will analyse different examples of
with the objective to build evidence on engage-
community-based solutions that provide case
ment-based alternatives to detention. The network is
management to support undocumented people and
facilitated by IDC and supported by EPIM (European
97 PICUM, 2022, Barriers to return: Protection in international, EU and national frameworks; EMN, 2020, Comparative overview of national protection statuses in
the EU and Norway.
98 For more information, see: https://atdnetwork.org/about/.
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