FAQs

Immigration detention is the practice of imprisoning, detaining or otherwise restricting the freedom of a person while they await decisions on their right to stay and live in a country. People can be detained in prisons or in places that resemble prisons for unknown periods of time without access to a lawyer.

International law states that countries should only use immigration detention as a last resort and prohibits the detention of children for immigration-related reasons, but many governments still choose to imprison migrants and refugees by default.

Most governments detain refugees, migrants and other people on the move when they try to enter the country, while their application to stay in the country is being considered or when they are awaiting deportation.

Some people are detained and put in detention when their immigration status changes or lapses, even after they have been legally living in a country for many years.

As well as dedicated immigration detention centres, people are also held in prisons, police stations, airports, hotels, ships and makeshift camps. They are generally unable to leave these locations without risking arrest and deportation.

Some people are held for a short time, others wait for much longer. Many countries – including the United States, the United Kingdom and Australia – have no limit on how long people can be imprisoned in immigration detention. In many countries, immigration detention has fewer safeguards than criminal detention, which means that there is less due process for people who are detained.

The conditions in immigration detention can be extremely harsh. Access to healthcare, education and legal services is generally limited, and people are often isolated from their families, friends and communities. As a result, self-harm and suicide are common, and many people experience long-term trauma even after leaving detention, impacting their physical and psychological health and wellbeing.

Immigration detention is extremely expensive, costing taxpayers huge amounts of money every year – some governments spend billions of dollars propping up this inhumane and ineffective system. Immigration detention is often outsourced to private companies and is a multi-million dollar industry.

In both the UK and the US, the average daily cost to hold one person in immigration detention is currently between $130 and $150. Over the course of a year, that adds up to approximately $50,000 USD per person; and in Australia, that figure is $400,000 USD.

In all countries, immigration detention costs considerably more than alternatives like community placement, in which migrants and refugees are free to live in the community, with the support of a caseworker, while their case is decided.

Immigration detention is opaque by nature, so there are no exact statistics. However, we know that vast numbers of people are currently imprisoned in immigration detention all over the world. And millions more are at risk of being sent to immigration detention in any given year.

Immigration detention doesn’t only impact the people who are detained; it also has consequences for families and communities who lose parents, children, breadwinners and friends.

People of all demographics – including children and older people – are subject to immigration detention. However, the impact of detention can be particularly severe for vulnerable groups, such as minors, those who are pregnant, people with disabilities and those with medical conditions.

It's challenging to rank countries definitively, but some nations have better records than others.

The United States can have 50,000 non-citizens in detention on any given day – more than any other country in the world. The United Kingdom also has an increasingly poor human rights record when it comes to detaining migrants and refugees. Libya, Greece and Mexico are also major detainers, and immigration detention remains a significant problem across Southeast Asia.

However, some countries in South America and Central America do not often use immigration detention – including Colombia, El Salvador and others, and a number of countries – including Portugal, Ireland and Belgium – have made more progress on limiting immigration detention and introducing humane alternatives.

It’s important to note that official data on immigration detention can be challenging to source, as many countries do not make it available. You can view our analysis of promising practices around the world in our report: Gaining Ground.

Alternatives to detention (ATD) is a term that refers to any laws, policies or practices that reduce detention and enable community placement.

Examples of ATD include laws that prevent the imprisonment of children, victims of trafficking or refugees, or policies that allow people to remain in the community with 1-1 social service support while they await the outcome of their case.

It is important to note that there is no single agreement on what counts as ATD. A number of practices have been used by different governments worldwide and referred to as ‘alternatives to detention’, varying in the extent to which they respect, interfere with or violate human rights – some of these practices are closer to alternative forms of detention, rather than rights-based ATD.

In our view, for policies and practices to qualify as ATD, they must actively comply with human rights, and support people to live normal lives in the community.

Community placement is an approach to managing immigration that enables migrants and refugees to live within the community while their immigration case is being processed.

Instead of being imprisoned, people’s basic needs – like healthcare, food and housing – are met in the community. They may have access to support services, such as legal aid or a dedicated case worker, and they are afforded the right to work and access education while they await the outcome of their case.

This approach to managing immigration is not only more humane and compassionate than detention, it is also far cheaper and more effective.

Community placement is a fraction of the cost of immigration detention. An independent study found that the United States could save over $1.44 billion of its $2 billion detention budget by detaining only noncitizens with serious crimes and otherwise using alternatives; meanwhile, in Australia, the daily per/person cost of immigration detention is 98% higher than alternatives.

And cost isn’t the only difference; repeated pilots, trials and research have shown people are less likely to abscond when their basic needs are met. When people are treated with dignity and feel safe and secure during an immigration process, they are more likely to accept the outcome of their claim, even if it’s unsuccessful. This means fewer people appeal or attempt reentry, which in turn reduces pressure on the immigration system.

Since 2009, International Detention Coalition has been advocating to prevent immigration detention and support those affected by it. Ultimately, we want to get people out of immigration detention and into a life within the community, where they can contribute to society, and benefit from education, healthcare, employment and more.

We know that there are fairer, cheaper and more effective ways to approach migration governance, and we collaborate closely with governments, decision-makers, civil society organisations, UN agencies and other actors to deliver workable alternatives.

IDC works on multiple fronts to end immigration detention. This includes strengthening the movement against immigration detention, advocating for change in laws and policies, promoting practical alternatives to detention and investigating and generating evidence. You can find out more about the work we do here.

IDC doesn’t work on individual cases – rather, we’re trying to achieve systemic changes to laws, policies and practices around the world. IDC is directed by Carolina Gottardo, a migrant leader and global human rights advocate, and our diverse team and board are made up of migrants, refugees and allies. We represent hundreds of members – including civil society organisations, community groups and regional networks – as well as countless other individual supporters across the globe.

As you should! We have a wide range of research in our publications library, including data on the success of alternatives to detention, a guide to achieving systemic change, IDC’s theory of change and an overview of promising practices around the world.

Other key resources include the Global Detention Project, where you can view key data on each country’s immigration detention practices, UNHCR’s detention reports, which detail progress and practices in key countries, and the IOM’s World Migration Report, which covers key migration data and issues.