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Community-based alternatives to immigration detention
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POLICY PAPER Promising Practices in Migration Policy Community-Based Alternatives to Immigration Detention Introduction As Europe sees a shift towards the securitisation and criminalisation of migrants and refugees, this policy paper highlights the effectiveness of community-based alternatives to immigration detention(ATD) in terms of compliance and achieving case resolution at a fraction of the cost of immigration detention, while leading to better and more humane outcomes. Immigration detention and regression of human rights in Europe As the European Union prepares to implement the EU Pact on Migration and Asylum 1 and the trilogues on a Return Regulation are under way 2 , the expansion of im­migration detention across multiple stages of the migra­tion process appears imminent. The EU Pact introduces border procedures that are likely to lead to the expan­sion of detention in Europe. This will be mandatory for asylum applicants from nationalities with an EU-wide recognition rate of 20 percent or lower, as well as those considered to pose security risks or deemed to have mis­led authorities. Combined with the new Screening Regu­lation, these instruments establish pre-entry screening and border processing mechanisms that, according to le­gal scholars and civil society organisations, risk signifi­cantly broadening the scope and duration of the depri­vation of liberty 3 . Rather than strengthening rights­based approaches, the trajectory of European policy is moving decisively towards securitisation, criminalisation and the normalisation of detention and other criminali­sation measures, such as the externalisation of borders, forced returns and pushbacks as default tools of migra­tion management. 1  European Commission.(2024). Questions and answers on the Pact on Migration and Asylum. https://home-affairs.ec.europa.eu/policies/migration-and-asylum/pact-migra­tion-and-asylum/questions-and-answers-pact-migration-and-asylum_en 2  Council of the European Union.(2025, December 8). Council clinches deal on EU law about returns of illegally staying third-country nationals[Press release]. https://www. consilium.europa.eu/en/press/press-releases/2025/12/08/council-clinches-deal-on-eu-law-about-returns-of-illegally-staying-third-country-nationals/ 3  Apatzidou, V.(2025). Bordering asylum: Examining the EUs border procedures under the Asylum Procedures Regulation(EU) 2024/1348. International Journal of Refugee Law, 37(2), 201–218. https://academic.oup.com/ijrl/article/37/2/201/816608pushbaccriminalisationexternalisationks7 Community-Based Alternatives to Immigration Detention 1