Conclusion and Recommendations Rights-based, community-centred alternatives to detention are humane, effective and affordable. They protect the dignity and agency of people affected by migration processes. They achieve compliance, better health and wellbeing outcomes, and fair and timely case resolution. And they do so at a fraction of the cost of detention. Across Europe, community-based pilots have demonstrated these results in practice, in admission and return contexts alike. The evidence is clear: rights-based, community-centred alternatives to detention work, therefore governments should be investing in them, not expanding immigration detention. The EU Pact on Migration and Asylum and the proposed Return Regulation create serious risks of entrenching detention as the default tool of migration governance. Instead of using and normalising this cost-inefficient, rights-infringing and often harmful tool, implementation should consider existing promising practices of affordable, rights-based and community-based solutions that reduce detention, increase compliance and benefit both states and individuals. Recommendations Embed screening, assessment, placement and case management at the centre of national migration systems . The recast Reception Conditions Directive requires Member States to consider ATD before resorting to detention. In order to achieve migration management outcomes at scale, Member States’ investment in screening, assessment, placement and case management is key. IDC’s Community Assessment and Placement model can be used as a blueprint for this approach. Therefore, Member States should invest in individualised screening and needs assessment, together with an established continuum of community-based placement options and professional case management services across asylum and return procedures. This will lead to high levels of cooperation, improved wellbeing, and fair and timely case resolution. The Reception Directive provides the legal basis to build such comprehensive community-based frameworks. Distinguish between alternatives to detention and alternate forms of detention . Measures that restrict freedom of movement, impose intrusive surveillance or deny reasonable access to family, work and social life should be recognised as alternate forms of detention, extending deprivation of liberty under a different name. GPS-enabled ankle monitors, tracking applications and biometric reporting systems function as an“invisible leash” that extends detention into digital form. Member States should therefore stop labelling coercive restrictions as ATD. Evidence from community-based programmes shows that measures relying on surveillance, confinement or coercion produce compliance outcomes no better, and often worse than, genuine ATD. Governments should use technology only where it demonstrably reduces detention, supports rights and strengthens agency, and reject digital tools that monitor, stigmatise or extend detention-like control in the community. Coercive measures increase anxiety and mistrust, which are the primary drivers of absconding; by contrast, case management-based approaches allow people to live in the community and build the trust needed for individuals to engage with their immigration procedures and cooperate towards case resolution. Invest in scaling workable community-based pilots and embed them in the system . The pilot projects across Europe have demonstrated distinct strengths that together illustrate the key ingredients of effective ATD: Bulgaria’s programme showed that legal counselling and individualised case management can achieve high levels of cooperation even in contexts with limited ATD infrastructure; Cyprus demonstrated successful community-based placement as an alternative to its overcrowded detention facilities; Poland’s pilot proved that professional case management leads to high engagement with immigration procedures and voluntary compliance with return decisions; and the United Kingdom’s community engagement programme showed that holistic support, combining casework, legal advice and access to services, results in higher case resolution rates than detention. With only around 20 percent of return decisions currently enforced across the EU, expanding detention will not close this gap. However, scaling community-based alternatives to detention approaches can work towards closing this gap, while being rights-based and safeguarding the wellbeing and health of the individuals concerned. The European Commission and the EU Asylum Agency should therefore encourage Member States to replace detention-led approaches with community-based case management systems embedded in law, policy and practice. End child immigration detention . International human rights law is unambiguous that child immigration detention is never in the best interest of the child. Where EU instruments fall short of an outright prohibition, Member States must go further and legislate national bans as several European countries have already done. Research consistently demonstrates that immigration detention causes severe harm to children’s mental and physical health, including elevated rates of anxiety, depression, developmental regression and post-traumatic stress disorder, with symptoms persisting long after release 63 . The detention of parents also has devastating effects on family cohesion and unity and the wellbeing of the wider community. Non-custodial, community-based care is the 63 Lorek, A., Ehntholt, K., Nesbitt, A., Wey, E., Githinji, C., Rossor, E.,& Wickramasinghe, R.(2009). The mental and physical health difficulties of children held within a British immigration detention center: A pilot study. Child Abuse& Neglect, 33(9), 573–585. Community-Based Alternatives to Immigration Detention 9
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