Working together to end immigration detention:
a collection of noteworthy practices
Conclusions
This briefing explored noteworthy practices related to immigration detention and
community-based solutions. It focused on three dimensions: 1) civil society efforts to
provide support to people in detention, to increase access to detention centres and to
advocate for the end of immigration detention, 2) state developments towards ending
child detention, and 3) civil society and national and local authorities working together
on solutions to prevent people from being detained, and facilitate their access to case
resolution.
The first chapter found that migrants’ rights to communicate with the outside world or
to be visited and assisted by civil society actors are often arbitrarily restricted by state
practices. Advocacy and litigation, either through administrative complaints or judicial
appeals, are the main tools deployed by lawyers and NGOs in order to promote full
compliance with human rights standards. The most successful practices are based on an
approach that combines litigation efforts with advocacy campaigns in order to transform
individual positive outcomes for the people involved into more far-reaching policy and
legal changes. In this regard, communication with the outside world, and civil society
monitoring of administrative detention facilities, are conceived as tools to unveil the
harmful and punitive nature of immigration detention, and thus to advocate for its end.
Chapter two analysed the level of progress made on working towards ending child
detention. While some progress has been made at the international and national levels,
several EU proposals will likely increase detention, including of children, in the near
future and could have a negative impact on EU member states which implement or are
considering implementing more rights-based practices.
Chapter three analysed different projects, mostly led by NGOs, but often in collaboration
with local or national authorities, which provide case management with the purpose of
preventing detention or facilitating individuals’ release from detention.124 While it might
not always be possible to engage with public authorities, further research is needed to
fully understand the role that local municipalities can play in promoting community-based
solutions. A key issue remains how to ensure the economic sustainability of these projects
over time, as well as how to support their expansion to cover more people. Finally, this
chapter provided the example of countries where immigration detention is not envisaged
as a tool to manage irregular migration.
124 For a complete overview of pilot projects, see IDC, 2022, Gaining Ground. Promising Practices to Reduce and End Immigration
Detention.
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents