Laws providing for alternatives to immigration detention
Venezuela has no law allowing for the detention of migrants – instead, the law provides for some ‘precautionary measures’ or conditions that can be imposed while implementing deportation or expulsion orders. These conditions must not exceed 30 days.
Monitoring – Reporting Requirements, Directed Residence and Negative Consequences for Non-Compliance
Article 46 of the Immigration Law and Migration N° 37. 944 of May 24, 2004 states:
“For the purposes of ensuring the implementation of the measures of deportation or expulsion; the relevant authority on immigration and migration, in the act of commencing such administrative procedures, may require the foreigner who is subject to these procedures covered by this Chapter, the following precautionary measures:
1. Regular reporting to the relevant authority in foreign affairs and migration.
2. Ban on leaving the town in which he resides without authorization.
3. Provision of adequate monetary bail, to which economic conditions of the foreigner must be taken into account.
4. To reside the duration of the administrative procedure in a particular locality.
5. Any other measure deemed appropriate to ensure compliance with decisions of the relevant authority, provided that such measures do not involve deprivation or restricting the right to personal liberty”
Over the past five years, the IDC has undertaken a program of research to identify and describe a number of positive alternatives to immigration detention (‘alternatives’) that respect fundamental rights, are less expensive and are equally or more effective than traditional border controls.
This research, entitled There are alternatives, provides readers with the guidance needed to successfully avoid unnecessary detention and to ensure community options are as effective as possible.
This text was published in September 2015.