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A change of paradigm: no resort to immigration detention
Finally, a much more progressive approach based
In Uruguay, detention is not applied for migration
on alternative solutions can be found in Ecuador
purposes and deportation is not considered as the
and Uruguay, where non- or less coercive solutions
main option for people with irregular migration
are used to manage migration and therefore com-
status. Articles 9 and 52 of the Migration Act 122
pletely replace detention. In Ecuador, the 2017
establish that if a person has entered or has stayed
Migration Law
does not include detention among
irregularly in the country, the Uruguayan immi-
the measures that can be applied in the context
gration authority has an obligation to inform and
of a deportation procedure. According to Article
advise them on the possibilities to regularise their
145, possible measures include: reporting to the
immigration status in the country. Deportation is
authorities, monetary fines, and other measures
only contemplated in exceptional circumstances;
that guarantee that the person does not abscond.
detention is never an option and is not provided for
The law also prohibits the detention of children and
in the Migration Act. The UN Committee on Migrant
victims of trafficking. The law has effectively ended
Workers has underlined that Uruguay’s 2008
the practice of immigration detention, carried out
Migration Act could serve as a model for other states
until 2017.121
to follow and notes that the Act recognizes that “no
120
case involving a migrant in an irregular situation for
administrative reasons warrants detention”.123
120 Ley Organica de Movilidad Humana, n. 938 of 2017.
121 Álvarez Velasco S.; Bayón Jiménez M.; Hurtado Caicedo F.; Pérez Martínez L.; Baroja C.; Tapia J. ; Yumbla M.R., 2021, Viviendo al Límite: Migrantes Irregularizados
en Ecuador.
122 Ley de migraciones n. 18250 of 2008, complemented by the Decreto de Reglamentation n°394/009 of 2009.
123 Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, 2014, Concluding Observations on the Initial Report of Uruguay.
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