There is no need to detain migrants, says Jesuit report

Detaining migrants is unnecessary because more humane and less costly non-custodial alternatives exist, according to the latest report from the Jesuit Refugee Service (JRS).  Entitled From Deprivation to Liberty, the report, which was launched shortly before Christmas in the European Parliament, is based on in-depth interviews with 25 migrants participating in alternatives-to-detention programmes in Belgium, Germany and the United Kingdom.

The report says that although community-based measures are clearly a step in the right direction, unless they are accompanied by appropriate legal, social and other support, migrants can be forced into destitution. 'Community-based measures are more humane than detention, so long as migrants are given adequate support', said Philip Amaral, JRS Europe Advocacy Officer and author of the report.

In light of these findings, JRS urges EU member states to replicate existing alternatives-to-detention that ensure:

· The provision of suitable housing, basic social support and quality legal assistance;

· Individualised and holistic psychosocial support, including the provision of regular, up-to-date information;

· Definitive resolution of asylum and immigration cases in a timely and fair manner.

Community-based alternatives are five times cheaper than migration detention, which cost states like Belgium and the UK as much as 200 Euro per day.  In times of economic crisis, EU states should implement cost-effective alternatives to detention, rather than waste precious resources on a harmful and ineffective system.

Fears that migrants would abscond if not detained are exaggerated.  In Belgium, up to 80 percent of migrants who have taken part in the community case management programme have fully complied with all procedures.  This finding is shared by other studies published this year by the UN Refugee Agency and the International Detention Coalition, which show migrant compliance rates to be over 90 percent.

'Detention is akin to using a sledgehammer to crack a nutshell.  It does not make sense to deprive the liberty of large groups of migrants on the assumption that a minority would abscond from the authorities', said Mr Amaral.

In each of the three projects that JRS researched, asylum seekers and undocumented migrants live freely in the community with few restrictions.  The individuals and families who were interviewed expressed a strong desire to fully cooperate with the national authorities, based on their interest to resolve their cases as effectively as possible.

The principal difficulties migrants face are related to inadequacies in the wider asylum and immigration system.  Families interviewed in Belgium face difficulties obtaining competent legal representation; unaccompanied minors interviewed in Germany wait for prolonged periods of time for a decision on their asylum application.

In the UK, JRS Europe interviewed unsuccessful asylum applicants living freely in the community.  They are required to report to the UK Border Agency (UKBA) up to three times per week.  However, return to their countries of origin is not a viable option.  They stay in the UK despite no longer being eligible for social assistance.  Denied the right to work, they rely on family, friends and charities for housing, food and other basic necessities.

'Alternatives-to-detention work best when they are linked with improvements in the larger system.  The migrants with whom we spoke strive to be honest in their dealings with the national authorities.  They ask to be treated in a dignified and fair manner, with access to good legal advice and basic social support - conditions that are necessary for effective asylum and immigration systems ', concluded Mr Amaral.

To access the report click on the link here.


 From Deprivation to Liberty