Key Developments on Immigration Detention & Alternatives: Covid-19

➡️This page will be updated regularly to include the most recent developments around the world and capturing IDC members voices.

New content will be marked with the lightning symbol ⚡️

Instances of arbitrary and indefinite detention, inhumane and inadequate, overcrowded detention conditions, limited access to food, water and health supplies, lack of access to rights and services in places of immigration detention were widely reported before the outbreak of Covid-19. In the context of Covid-19, migrants in detention are even more vulnerable as conditions in detention are incompatible with prevention measures. Their rights are even more likely to be violated due to restrictions in access to services and legal support, cancelled access to visits, lack of food distribution, limited information, reduced staff in detention centres and reduced capacity from civil society and UN agencies to mitigate the consequences of these conditions. 

Continued use detention, concerns due to the high risk of Covid-19 spreading in overcrowded immigration detention centres and inadequate conditions have been reported by IDC Members from all over the world. 

⚡️ In Kenya, migrants who arrived from areas affected by the virus before the border closure are detained in overcrowded quarantine centers with poor conditions and lack of access to health care or services. Quarantine centers serve as detention centres for migrants, those that had been in contact with others who tested positive, and those who had been arrested for flouting the curfew and social distancing rules.

In the United States there is a growing risk of indefinite detention in immigration detention centres with conditions that have been consistently reported as unsanitary and inadequate. Migrants in detention, as well as advocates, continue calling for release into alternatives to detention with hunger strikes starting in some detention centres.

In Mexico, the fear of indefinite detention in immigration detention centres with reported unsafe overcrowded conditions has prompted riots and increased violence leading to several injured and an asylum seeker dying in immigration detention centres in Tenosique and Tapachula during protests in relation to Covid-19 and inadequate conditions. 

In Trinidad and Tobago and in Curaçao, governments are keeping migrants and asylum seekers in immigration detention centres with a history of poor healthcare and sanitation, disregarding the risks for detainees in contracting Covid-19.

In Australia, detainees in immigration centres are pleading to be released because of Covid-19 fears, as it is impossible to self-isolate and protect themselves from the disease. The Australian Government has not responded yet to appeals of release and immigration detention continues with some refugees previously detained on Manus Islands and Nauru moved onto onshore hotels for detention.

⚡️ Calls for release of those in immigration detention centers and on-shore hotels in Australia continue without any response from the government.

⚡️ In Malaysia, the government has started large-scale immigration raids detaining undocumented migrants, asylum seekers and refugees. These raids commenced despite the government announced that undocumented migrants would not be arrested or detained if approaching health services for testing.

In Greece, nearly 42.000 refugees remain in overcrowded detention camps as the Covid-19 pandemic spreads, with refugees lacking access to essential items and services, such as soap and water and even basic health care. The government has repeatedly ignored calls for release into adequate alternatives and, after several cases tested positive, ordered an immediate lock down of the camps.   

In France, several asylum seekers due to be returned to Italy under Dublin have had their appeal against the extension of their detention rejected and will continue to be detained.

⚡️ In Spain, two immigration detention centers are still functioning despite the Spanish authorities stating that all detention centres were expected to be closed by 6 April. The other three detention centers in the country have been effectively emptied.

In Qatar, labour camps for migrant workers have become virtual prisons with thousands of workers trapped inside the camps being unable to leave. These “improvised” immigration detention camps are being guarded by police, and those quarantined inside are trapped in squalid, overcrowded conditions.

⚡️ In Tunisia, migrants at an immigration detention center near Tunis are on a hunger strike to protest their continued detention, as well as the absence of Covid-19 prevention measures. Despite continues calls for releases, alternatives to detention are not in place and migrants have not been allowed to return to their homes or other accommodations where they can quarantine safely.

Lockdown measures taken by governments to address the Covid-19 crisis are having multiple impacts on migrants, and on the organisations and communities supporting them. 

With State infrastructures and services impeded by the crisis, and UN partners suspending some of their activities, IDC Members and civil society partners are facing increasing pressure to mitigate the impacts on migrants while trying to address the impacts on their own organisations and staff. Lockdown measures seriously reduce the possibilities of civil society organisations and other service providers to access migrants in detention and in the community and shelters are forced to close down or reduced activities. IDC Members are witnessing how the closure of processing centres, the suspension of asylum and migration procedures, and more widely, the closure of borders is leaving migrants without documentation and at heightened risk of detention.

In Botswana and in Ghana governments have increased the patrolling of borders to control unauthorised entries. This is leading to higher instances of immigration detention. In Ghana arrests are not just limited to migrants crossing the border, but also includes those found aiding migrants. 

Uganda has suspended its open-door policy for refugees and asylum seekers with immediate effect for a 30-day period, raising concerns about the situation of those who will still cross the border.

In Mexico, asylum applications and interviews have being suspended increasing risk of detention and indefinite detention. 

In Canada, the Immigration and Refugee Board of has postponed all in-person hearings and mediations, other than immigration detention reviews.

The United States is postponing asylum hearings, enacting immediate deportations, including of unaccompanied minors, and closing borders. Asylum seekers stranded in Mexico pending asylum hearings in the US are stuck in camps and shelters across the border.

In Libya, refugees face being cut off from aid as UNHCR announced the suspension of some activities, including visits to immigration detention centres until appropriate safety measures are in place.

IDC Members are witnessing how in a small, but growing, number of countries migrants are being released from places of immigration detention and governments are starting to put in place moratoriums on the use of detention. These developments will only be promising if followed by adequate protocols that ensure release into alternatives to detention with full access to rights and services. Non-custodial alternatives to detention, based in the community are a viable solution to mitigate the risks of spread of the virus while ensuring rights and access to services, particularly health, for all migrants, asylum seekers and refugees.  

Supporting governments in managing releases based on alternatives to detention; adapting current pilots on alternatives to detention to the realities of Covid-19; capturing processes, challenges and learnings; and reflecting on the lessons learned during the health crisis will be key to successfully move away from the use of immigration detention during Covid-19 and beyond.

In Zambia, Home Affairs announced the release of all migrants in detention on the basis of their migratory status. 

In Canada, several Courts and the Immigration and Refugee Board started taking into account Covid-19 risks when considering and reviewing immigration detention cases. There are continued calls for a general release of immigration detainees. While authorities have released some detainees, many remained in the detention facilities while others are held in maximum- security jails on the basis of their immigration status. 

⚡️ In Canada, the number of migrants released from immigration detention centres as a response to Covid-19 continues to grow. By 19 April, the number of migrants detained for migration related reasons has dropped by half since the beginning of the pandemic.

In the United States, some federal judges have been using their discretion in releasing immigration detainees. While some have denied requests, others have ordered releases on the basis that the migrants were at high risk of contracting the virus. In New Jersey, New York and California judges have ordered the release of small numbers of immigration detainees based on health concerns.

⚡️ In the United States of America, federal judges continue using their discretion to order release of migrants from immigration detention due to health concerns. A federal judge in California has ordered immediate release of some detained migrants to reduce the numbers to a level that would allow for social distancing during the pandemic. In Los Angeles, a federal judge is requiring to consider for release from immigration detention all migrants over 55, pregnant or with serious underlying health conditions.

⚡️ In Mexico, civil society organizations filed a lawsuit that lead to a judicial order to release all migrants held in immigration detention. Following this, the government ordered the immediate release of all migrants.  As of 26 of April 2020, few migrants remain in detention. However, those released have been automatically deported to Guatemala, Honduras and El Salvador without due process.

⚡️ In Japan, despite the continued used of immigration detention, a small number of migrants in are starting to be released due to health concerns with residence permits that will expire once the pandemic ends.

In the United Kingdom, Home Office has released around 350 people from immigration detention centres as a result of a legal challenge by an IDC Member and other partners. Home Office has refrained from detaining nationals from 49 countries to which deportation is currently not possible while others still remain in immigration detention.

⚡️ In the United Kingdom, the government has not put in place alternatives to detention to ensure that those put on a three-month temporarily released from immigration detention, and estimate of 400 by 17 April, have access to housing, health care and other essential services.

In Italy judges have started issuing individual release orders for a small number of migrants on the basis that deportation is not possible.

 In Spain, three out of the five immigration detention centres have been emptied and migrants are being released into community based alternatives to detention. Some releases started at the beginning of the Covid-19 response.

⚡️ In Turkey, hundreds of migrants and asylum seekers have been released after being quarantined in detention. The government has not put in place any alternatives measure to ensure access to services, including housing and healthcare.

In Belgium, 300 migrants have been released as the immigration detention centres could not ensure social distancing. Migrants were given an order to leave Belgium within 30 days. 

Saudi Arabia released 250 immigration detainees in an attempt to contain the spread of Covid-19 and is currently starting to move or deport Ethiopian migrants to other Gulf countries or back to Ethiopia while the UN is calling for a temporary suspension of deportation. 

Very often migrants and asylum seekers released into alternatives to detention and living in the community do not have full access to services and healthcare. Far more often, undocumented migrants do not approach essential services and health care due to fear of immigration detention. 

IDC Members reported how lack of access to information and health care – in the form of discriminatory policies, or in the unwillingness of undocumented migrants to approach services – is increasing the vulnerability of migrants to Covid-19 and thus also the risks of Covid-19 spreading. In the Covid-19 context, some migrants are becoming undocumented due to travel restrictions and the impossibility to return to their countries and are facing the same challenges in accessing healthcare.  

Some countries are putting in place regularisation schemes and setting up firewalls between health services and immigration authorities that help addressing these challenges.

In Zambia, Home Affairs announced that migrants overstaying their permits or released from detention not able to return to their countries of origin will be regularised. 

In the Americas, access to health and the possibility for self-isolation pose a major challenge for migrants, asylum seekers and refugees. 

In Colombia, the Ministry of Health recently issued specific “Guidelines for the prevention, detection and management of cases of Covid-19 among migrant population in Colombia”, aiming at providing recommendations for local authorities to grant assistance and access to adequate health to migrants.

Colombia has suspended time limits for those whose permits are expiring during the Covid-19 crisis and lifted requirements for visa extensions for those not able to leave the country due to travel restrictions.   

Ecuador announced that Venezuelans will have 60 days after the end of the Covid-19 emergency to regularise their situation in the country.

Malaysia announced that firewalls will be established between health services and the police, guaranteeing undocumented migrants who are worried that testing for Covid-19 puts them at risk of detention will not be reported to immigration authorities.

⚡️ Despite the above, the Malaysian government is citing Covid-19 concerns to start large-scale immigration raids detaining undocumented migrants, asylum seekers and refugees.

In Portugal, all foreigners with pending applications, including asylum seekers, will be treated as permanent residents and have been given the same access to services as citizens including national health service, welfare benefits, bank accounts, and work and rental contracts until the end of the Covid-19 crisis. 

France has extended all residence permits by three months to avoid expirations during the health crisis. 

In Ireland, all migrants, including undocumented, were given access to healthcare and social services. Information will not be shared with immigration authorities. Permissions due to expire will be automatically renewed for a period of three months. Additionally, four open isolation centres have been opened to host asylum seekers with signs of Covid-19, allowing  them to distance and self-isolate while ensuring continued access to rights and services.

 In Spain, the government is granting extraordinary work permits for undocumented migrants to work in the agricultural sector. These permits will only be valid during the health emergency and are aimed at ensuring food supplies.