Immigration detention is the policy and practice of incarcerating both foreign national

asylum seeker An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A per ...

refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...

s and

immigrant Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short- ...

s — whether suspected of unauthorized arrival, illegal entry, visa violations, as well as those subject to

deportation Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or is under sen ...

and removal — in

detention centers A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where people are imprisoned under the authority of the state, usually as punishment for various cr ...

for the purpose of immigration control, until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention refers to the practice of compulsorily detaining or imprisoning people who are considered to be

illegal immigrants Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, wi ...

or unauthorized arrivals into a country. Some countries have set a maximum period of detention, while others permit

indefinite detention Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and internatio ...

Americas

Canada

In Canada, immigration detainees are held in Immigration Holding Centres (IHCs), known as (CSI) in French, under the auspices of the

Canada Border Services Agency The Canada Border Services Agency (CBSA; , ''ASFC'') is a federal law enforcement agency that is responsible for border guard, border control (i.e. protection and surveillance), immigration enforcement, and Customs, customs services in Canada. ...

(CBSA), who are granted such authority through the ''

Immigration and Refugee Protection Act The ''Immigration and Refugee Protection Act'' (IRPA) (, LIPR) is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), that replaced the '' Immigration A ...

'' (IRPA). Immigration detainees may also be kept in provincial jails, either because the IHCs are full, there is no centres in their region, or the detainee's file has a link to criminality. As of 2020, Canada has three IHCs, each facility with different ownership and operations: * Laval IHC (

Laval, Quebec Laval is a city in Quebec, Canada. It is in the southwest of the province, north of Montreal. It is the largest suburb of Montreal, the third-largest city in the province after Montreal and Quebec City, and the thirteenth largest city in Can ...

): Opened in 1999,CBSA Laval Immigration Holding Centre
" ''Global Detention Project''. 2020. Retrieved 2020 November 16. the Laval IHC operates under a Memorandum of Understanding between CBSA and the Correctional Services of Canada, the latter of whom owns the facility. The facility, known as in French, is located approximately from the Montréal-Trudeau International Airport, and includes three buildings and a capacity of holding up to 109 detainees. * Greater Toronto Area IHC (

Toronto, Ontario Toronto ( , locally pronounced or ) is the List of the largest municipalities in Canada by population, most populous city in Canada. It is the capital city of the Provinces and territories of Canada, Canadian province of Ontario. With a p ...

): Opened in 2003, GTA IHC is provided to the CBSA under a third-party service contract with a vendor. The facility is located around from Pearson International Airport, containing three stories, with an accommodation capacity of up to 183 detainees. * British Columbia IHC (

Surrey, British Columbia Surrey is a city in British Columbia, Canada. It is located south of the Fraser River on the Canada–United States border. It is a member municipality of the Metro Vancouver regional district and metropolitan area. Mainly a suburban city, Surr ...

): Opened in 2020, BC IHC facility is owned by the CBSA. The facility is located about from

Vancouver International Airport Vancouver International Airport is an international airport located on Sea Island (British Columbia), Sea Island in Richmond, British Columbia, Richmond, British Columbia, serving the city of Vancouver and the Lower Mainland region. It is lo ...

, and able to accommodate up to 70 detainees. There is no maximum limit to the length of detention, and children may be "housed" in IHCs to prevent the separation of families.Canada Immigration Detention Profile
" ''Global Detention Project''. 2020. Retrieved 2020 November 16. Detainees can include: asylum seekers without sufficient amount of necessary identification papers, foreign workers whose visas had expired, and people awaiting deportation. In 2017, Canada received the highest number of asylum claims in its history; between 2017 and 2018, 6609 people were detained in holding centres, compared to 4,248 a year prior. Between April 2019 and March 2020, CBSA detained 8,825 people, including 138 minors (mostly with a detained parent)—almost 2,000 of these detainees were kept in provincial jails. However, as of November 2020, in the midst of the

COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...

, there were only 94 immigration detainees in provincial jails, 12 in Laval IHC, 18 in Greater Toronto IHC, and 11 in British Columbia IHC.Bureau, Brigitte. 10 November 2020.
Immigration detention centres emptied over fear of possible COVID-19 outbreaks
" ''CBC Investigates''. Montreal: CBC/Radio-Canada. Retrieved 2020 November 16.

United States

In the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, a similar practice began in the early 1980s with

Haiti Haiti, officially the Republic of Haiti, is a country on the island of Hispaniola in the Caribbean Sea, east of Cuba and Jamaica, and south of the Bahamas. It occupies the western three-eighths of the island, which it shares with the Dominican ...

ans and

Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...

ns detained at Guantanamo Bay, and other groups such as Chinese in jails and detention centres on the mainland. The practice was made mandatory by legislation passed in 1996 in response to the

Oklahoma City bombing The Oklahoma City bombing was a domestic terrorist truck bombing of the Alfred P. Murrah Federal Building in Oklahoma City, United States, on April 19, 1995. The bombing remains the deadliest act of domestic terrorism in U.S. history. Perpetr ...

, and has come under criticism from organizations such as

Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...

, Human Rights First, all of whom have released major studies of the subject, and the

American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...

. As of 2010, about 31,000 non-citizens were held in immigration detention on any given day, including children, in over 200 detention centres, jails, and prisons nationwide. The T. Don Hutto Residential Center opened in 2006 specifically to house non-criminal families. There are other significant facilities in

Elizabeth, New Jersey Elizabeth is a City (New Jersey), city in and the county seat of Union County, New Jersey, Union County, in the U.S. state of New Jersey.Oakdale, Louisiana, Florence, Arizona,

Miami, Florida Miami is a East Coast of the United States, coastal city in the U.S. state of Florida and the county seat of Miami-Dade County, Florida, Miami-Dade County in South Florida. It is the core of the Miami metropolitan area, which, with a populat ...

Seattle Seattle ( ) is the most populous city in the U.S. state of Washington and in the Pacific Northwest region of North America. With a population of 780,995 in 2024, it is the 18th-most populous city in the United States. The city is the cou ...

York, Pennsylvania York is a city in York County, Pennsylvania, United States, and its county seat. Located in South Central Pennsylvania, the city's population was 44,800 at the time of the 2020 United States census, 2020 census, making it the List of cities in ...

Batavia, New York Batavia is a city in and the county seat of Genesee County, New York, United States. It is located near the center of the county, surrounded by the Town of Batavia, which is a separate municipality. Batavia's population, as of the 2020 census, ...

Aguadilla, Puerto Rico Aguadilla (, ), founded in 1775 by Luis de Córdova, is a Aguadilla barrio-pueblo, city and Municipalities of Puerto Rico, municipality located in the northwestern tip of Puerto Rico, bordered by the Atlantic Ocean to the north and west, north of ...

, and all along the Texas–Mexico border. During the five years between 2003 and 2008, about 104 mostly young individuals died in detention of the US Immigration and Customs Enforcement (ICE) or shortly afterwards, and medical neglect may have contributed to 30 of those deaths. For example, on 6 August 2008, 34-year-old New Yorker Hiu Lui Ng died in the detention of ICE. Editors at ''

The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...

'' condemned the death and urged that the system must be fixed. ICE has stated that the number of deaths

per capita ''Per capita'' is a Latin phrase literally meaning "by heads" or "for each head", and idiomatically used to mean "per person". Social statistics The term is used in a wide variety of social science, social sciences and statistical research conte ...

in detention is dramatically lower for ICE detainees than for US prison and jail populations, that they provide "the best possible healthcare" and that the nation as a whole is "experiencing severe shortages of qualified health professionals." In May 2008

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

began considering a bill to set new standards for immigrant detainee healthcare. In 2009, the

Obama Administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...

pledged to overhaul the current immigration detention system and transform it into one that is less punitive and subject to greater federal oversight. Immigrants' rights advocates expressed concern over Obama's reform efforts. Immigrants' rights advocates believe the all current immigration policies "have been undermined by the Immigration agency's continued overreliance on penal incarceration practices and by the pervasive anti-reform culture at local ICE field offices."

Asia-Pacific

Most Asian states imprison immigrants on visa violations or for alleged

trafficking Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. More broadly, soc ...

, including the victims of trafficking and smuggling. These include

Singapore Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...

Malaysia Malaysia is a country in Southeast Asia. Featuring the Tanjung Piai, southernmost point of continental Eurasia, it is a federation, federal constitutional monarchy consisting of States and federal territories of Malaysia, 13 states and thre ...

, and

Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania, between the Indian Ocean, Indian and Pacific Ocean, Pacific oceans. Comprising over List of islands of Indonesia, 17,000 islands, including Sumatra, ...

Australia

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

, mandatory immigration detention was adopted in 1992 for all non-citizens who arrive in Australia without a visa. That only 'border applicants' are subject to detention has sparked criticism, as it is claimed to unfairly discriminate against certain migrants. Other unlawful non-citizens, such as those that overstay their visas, are generally granted bridging visas while their applications are processed, and are therefore free to move around the community. The long-term detention of immigrant children has also sparked criticism of the practice by citizen's groups such as ChilOut and human rights organizations. Nonetheless, the High Court of Australia has confirmed, by the majority, the constitutionality of indefinite mandatory detention of aliens. This and related decisions have been the subject of considerable academic critique. Australia has also sub-contracted with other nations to detain would-be immigrants offshore, including

Papua New Guinea Papua New Guinea, officially the Independent State of Papua New Guinea, is an island country in Oceania that comprises the eastern half of the island of New Guinea and offshore islands in Melanesia, a region of the southwestern Pacific Ocean n ...

, and

Nauru Nauru, officially the Republic of Nauru, formerly known as Pleasant Island, is an island country and microstate in the South Pacific Ocean. It lies within the Micronesia subregion of Oceania, with its nearest neighbour being Banaba (part of ...

. Australia also maintains an offshore detention facility on

Christmas Island Christmas Island, officially the Territory of Christmas Island, is an States and territories of Australia#External territories, Australian external territory in the Indian Ocean comprising the island of the same name. It is about south o ...

. In July 2008, the Australian government announced it was ending its policy of automatic detention for asylum seekers who arrive in the country without visas. However, by September 2012, offshore detention was reinstated. Following the

2013 Australian federal election The 2013 Australian federal election to elect the members of the 44th Parliament of Australia took place on Saturday, 7 September 2013. The centre-right Coalition (Australia), Liberal/National Coalition Opposition (Australia), opposition led by ...

policies have been toughened and Operation Sovereign Borders has been launched.

India

The first immigration detention centre in

Assam Assam (, , ) is a state in Northeast India, northeastern India, south of the eastern Himalayas along the Brahmaputra Valley, Brahmaputra and Barak River valleys. Assam covers an area of . It is the second largest state in Northeast India, nor ...

state had come up in 2008 when the

Indian National Congress The Indian National Congress (INC), colloquially the Congress Party, or simply the Congress, is a political parties in India, political party in India with deep roots in most regions of India. Founded on 28 December 1885, it was the first mo ...

(INC) government was in power. In 2011 the Congress government set up three more camps. In 2018 and onwards the

Bharatiya Janta Party The Bharatiya Janata Party (BJP; , ) is a political party in India and one of the two major Indian political parties alongside the Indian National Congress. BJP emerged out from Syama Prasad Mukherjee's Bharatiya Jana Sangh. Since 2014, ...

(BJP) government has plans to build more camps across India.

Japan

Japanese immigration law permits indefinite detention without a court order including for those that overstay and those who seek asylum. Three immigration detention centers are maintained by immigration bureau for long-term detainees: *Higashi Nihon Nyukoku Kanri Center (

Ushiku, Ibaraki is a city located in Ibaraki Prefecture, Japan. , the city had an estimated population of 83,826 in 36,380 households and a population density of 1423 persons per km2. The percentage of the population aged over 65 was 29.5%. The total area of the ...

, East Japan) – capacity: 700 *Nishi Nihon Nyukoku Kanri Center (

Ibaraki, Osaka is a Cities of Japan, city in Osaka Prefecture, Japan. , the city had an estimated population of 285,224 in 132,300 households and a population density of 3,700 persons per km2. The total area of the city is . It is a suburban city of Osaka Cit ...

, West Japan) *Omura Nyukoku Kanri Center ( Omura, Nagasaki) – capacity: 800 Additionally, 16 regional detention houses are managed for short-term detention. However, many of the long-term detainees have been detained in regional short-term detention houses that lack facilities such as common rooms and recreational area. Some detainees spend significant time (up to 13 days) in isolation due to disciplinary measures. Practices of immigration bureau has been criticized for the "lack of transparency", "indefinite detention" and its "arbitrary" nature.

Europe

Austria

The largest facility in Austria is the Federal care center east in Traiskirchen.

Greece

In late 2019,

Greece Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...

's liberal-conservative government of New Democracy, led by

Kyriakos Mitsotakis Kyriakos Mitsotakis (, ; born 4 March 1968) is a Greek politician currently serving as the prime minister of Greece since July 2019, except for a month between May and June 2023. Mitsotakis has been president of the New Democracy (Greece), New ...

, announced the creation of five closed, pre-departure detention centers for refugees and immigrants, located on the Aegean islands of Leros,

Chios Chios (; , traditionally known as Scio in English) is the fifth largest Greece, Greek list of islands of Greece, island, situated in the northern Aegean Sea, and the List of islands in the Mediterranean#By area, tenth largest island in the Medi ...

, Lesvos, Kos, and

Samos Samos (, also ; , ) is a Greek island in the eastern Aegean Sea, south of Chios, north of Patmos and the Dodecanese archipelago, and off the coast of western Turkey, from which it is separated by the Mycale Strait. It is also a separate reg ...

. Hosting over 20,000 immigrants, the islands will be compensated with a 30% VAT reduction. Ten other closed detention camps were planned as of 2019.

Italy

Since 6 March 1998 (law n.40/1998, aka the '' Turco- Napolitano law''), irregular immigrants whose asylum requests have been denied are held in "Provisional Stay Centers" (, CPT) while awaiting expulsion from Italy. Since 30 July 2002, the '' Bossi- Fini'' law (law n. 189/2002) made illegal entry and stay in Italian territory a criminal offence. The centers interned both individuals already sanctioned to expulsion, as before, and other irregular immigrants awaiting proper identification and evaluation of their asylum claims. Accordingly, since 23 May 2008 (law n.125/2008), they were renamed as "Identification and Expulsion Centers" (, CIE). From 13 April 2017, the '' Minniti-

Orlando Orlando commonly refers to: * Orlando, Florida, a city in the United States Orlando may also refer to: People * Orlando (given name), a masculine name, includes a list of people with the name * Orlando (surname), includes a list of people wit ...

'' law (law n. 46/2017) renamed the centers again, as "Permanence Centers for Repatriations" (, CPR). 20 CPRs were planned, but by 2018, only the following were operational: * Roma, for 125 female inmates. *

Bari Bari ( ; ; ; ) is the capital city of the Metropolitan City of Bari and of the Apulia Regions of Italy, region, on the Adriatic Sea in southern Italy. It is the first most important economic centre of mainland Southern Italy. It is a port and ...

, for 90 male inmates. *

Brindisi Brindisi ( ; ) is a city in the region of Apulia in southern Italy, the capital of the province of Brindisi, on the coast of the Adriatic Sea. Historically, the city has played an essential role in trade and culture due to its strategic position ...

, for 48 male inmates. *

Torino Turin ( , ; ; , then ) is a city and an important business and cultural centre in northern Italy. It is the capital city of Piedmont and of the Metropolitan City of Turin, and was the first Italian capital from 1861 to 1865. The city is main ...

, for 175 male inmates. *

Potenza Potenza (, ; ; , Potentino dialect: ''Putenz'') is a ''comune'' in the Southern Italian region of Basilicata (former Lucania). Capital of the Province of Potenza and the Basilicata region, the city is the highest regional capital and one of ...

, for 100 male inmates. The facility of

Caltanissetta Caltanissetta (Sicilian language, Sicilian: ''Cartanissètta)'' is an Italian comune with a population of 58,012 inhabitants, serving as the capital of the Province of Caltanissetta, free municipal consortium of Caltanissetta in Sicily. The earl ...

(for 96 male inmates) was provisionally inoperative, pending extensive repairs after an inmates’ revolt. Works were undergoing to open further centers at Gradisca d'Isonzo,

Modena Modena (, ; ; ; ; ) is a city and ''comune'' (municipality) on the south side of the Po Valley, in the Province of Modena, in the Emilia-Romagna region of northern Italy. It has 184,739 inhabitants as of 2025. A town, and seat of an archbis ...

Macomer Macomer () is a town and ''comune'' of Sardinia (Italy) in the province of Nuoro. It is situated on the southern ascent to the central plateau (the Campeda) of this part of Sardinia, at the junction of narrow-gauge lines branching from the main ra ...

, Oppido Mamertina and

Montichiari Montichiari (Brescian: ) is a town and ''comune'' in the province of Brescia, in Lombardy. It received the honorary title of city with a presidential decree on December 27, 1991. The town is home to the Gabriele D'Annunzio airport (Italian: ''Aer ...

. Besides the CPRs, Italy operates two further types of not-detention centers for migrants: * "First Aid and Reception Centers" (, CPSA); short-stay centers handling initial medical aid, health screening, identification and asylum claims. In 2018, operational CPSAs were located at Lampedusa,

Elmas Elmas ( Sardinian: ''Su Masu'') is a ''comune'' (municipality) of the Metropolitan City of Cagliari in the Italian region of Sardinia, located about northwest of Cagliari. Until 1989 Elmas was a district of Cagliari. It is best known locally as ...

Otranto Otranto (, , ; ; ; ; ) is a coastal town, port and ''comune'' in the province of Lecce (Apulia, Italy), in a fertile region once famous for its breed of horses. It is one of I Borghi più belli d'Italia ("The most beautiful villages of Italy"). ...

and

Pozzallo Pozzallo () is a town and ''comune'' in the province of Ragusa, Sicily, southern Italy. Pozzallo is now a major summer tourist destination: as of March 2020, two beaches in Pozzallo hold a Blue Flag award, presented by the FEE and given to ...

. * "Reception Centers for Asylum Seekers" (, CARA), where the vast majority of arriving migrants are housed due to the limited capacity of the CPRs. The centers additionally house migrants previously detained in CPRs that have not been repatriated within the statutory maximum detention period,Ninety days for the 1998 ''Turco-Napolitano'' law, increased to 18 months with the 2002 ''Bozzi-Fini'' law, then reduced to 12 months in 2015. and have therefore been released from custody. In 2018, operational CARAs were located at Gradisca d'Isonzo, Arcevia, Castelnuovo di Porto,

Manfredonia Manfredonia () is a town and Comune, commune of Apulia, Italy, in the province of Foggia, from which it is northeast by rail. Manfredonia is situated on the coast, facing east, to the south of Monte Gargano, and gives its name to the Gulf of Manf ...

Crotone Crotone (; ; or ) is a city and ''comune'' in Calabria, Italy. Founded as the Achaean colony of Kroton ( or ; ), it became a great Greek city, home of the renowned mathematician-philosopher Pythagoras amongst other famous citizens, and one ...

, Mineo,

, Lampedusa,

Trapani Trapani ( ; ; ) is a city and municipality (''comune'') with 54,887 inhabitants, on the west coast of Sicily, in Italy. It is the capital of the Province of Trapani. Founded by Elymians, the city is still an important fishing port and the mai ...

and

. Several NGOs and government organizations have described conditions inside the centres as "inhuman".

has denounced the prolonged detention of immigrants in containers and other inadequate housing, where they are exposed to extreme temperatures and subjected to overcrowded conditions.

Malta

In 2002 and the following years,

Malta Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...

began to receive a large influx of migrants.St. John, Joseph, Martha Delicata, and

Mario Azzopardi Mario Philip Azzopardi (born 19 November 1950) is a Canadian-Maltese television and film director and writer. Early life and emigration Azzopardi was born in Siggiewi, Malta, and was educated at St Aloysius' College ( Birkirkara, Malta), and the ...

. 2008. "The Organisation of Asylum and Migration Policies in Malta." ''National Report 2008 of the National Contact Point''. Malta: European Migration Network. p. 11. The

government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...

then begun to apply the 1970 Chapter 217 of the Laws of Malta (''Immigration Act''), providing for detention for all "prohibited migrants", including prospective

asylum seekers An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A pers ...

, soon after apprehension by the immigration authorities. In 2003, the Maltese government substituted the indefinite detention policy with an 18-month detention length (the maximum under

EU law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

) after which the applicant is transferred to an open centre if the processing of his/her application has not been finished.Kårén, Björn. ''Malta and Immigration. Sovereignty, Territory and Identity''. Scania:

University of Lund Lund University () is a public research university in Sweden and one of Northern Europe's oldest universities. The university is located in the city of Lund in the Swedish province of Scania. The university was officially founded in 1666 on the ...

br>
. The Maltese detention policy, the strictest in Europe, gathered heavy criticism by the

UNHCR The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and Humanitarian protection, protect refugees, Internally displaced person, forcibly displaced communities, and Statelessness, s ...

for the extensive duration of detention, and in 2004 it was also criticized by the Commissioner for Human Rights of

Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...

, Álvaro Gil-Robles, as international standards required cautious and individual examination of each case and proper legal checks before incarceration, which were missing in the Maltese legislation. The

also criticised four of the administrative detention centres as in "deplorable conditions" and failing to live up to legally binding international standards The Ministry for Justice and Home Affairs pursued the migrants detention policy nevertheless, justifying it in 2005 by "national interest, and more specifically, for reasons concerning employment, accommodation and maintenance of public order." In 2008, an EP- OIM comparative study found that "following a long stay in detention llegal immigrantsare then released into the community...joining the black market economy and suffering abuse with regard to conditions of work. The detention policy was criticised, in the following years, by NGOs and international bodies, including

, the

Jesuits The Society of Jesus (; abbreviation: S.J. or SJ), also known as the Jesuit Order or the Jesuits ( ; ), is a religious order (Catholic), religious order of clerics regular of pontifical right for men in the Catholic Church headquartered in Rom ...

and

. In 2012, the

reiterated that such a policy is contrary to the prohibition of arbitrary detention in the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

(ECHR).

Netherlands

In the

Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

, foreigners who fail to obtain a residence status can be detained prior to deportation. Detention centers are located in

Zaandam Zaandam () is a city in the Provinces of the Netherlands, province of North Holland, Netherlands. It is the main city of the municipality of Zaanstad and received City rights in the Netherlands, city rights in 1811. It is located on the river Zaan ...

Zeist Zeist () is the Capital city, capital and largest town of the Zeist (municipality), municipality of Zeist. The town is located in the Utrecht (province), Utrecht province of the Netherlands, east of the city of Utrecht. History The town of " ...

, and

Alphen aan den Rijn Alphen aan den Rijn (; or "Alphen on the Rhine") is a city and municipality in the western Netherlands, in the province of South Holland. The city is situated on the banks of the river Oude Rijn (Utrecht and South Holland), Oude Rijn (Old Rhine ...

. Additionally, there are deportation centers at Schiphol and

Rotterdam Rotterdam ( , ; ; ) is the second-largest List of cities in the Netherlands by province, city in the Netherlands after the national capital of Amsterdam. It is in the Provinces of the Netherlands, province of South Holland, part of the North S ...

airports. Immigration detention in the Netherlands has been criticised for the conditions immigrants are held in – which are often worse than those for criminal detainees – due to a lack of probationary leave, rehabilitation assistance, legal assistance, laws restricting the maximum detention time and a maximum time for judicial review from a judge.

Portugal

Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...

, the

Ministry of Interior An interior ministry or ministry of the interior (also called ministry of home affairs or ministry of internal affairs) is a government department that is responsible for domestic policy, public security and law enforcement. In some states, th ...

is responsible for immigration matters. As of 2009, the sole officially designated immigration detention centre is Unidade Habitacional de Santo António, located in

Porto Porto (), also known in English language, English as Oporto, is the List of cities in Portugal, second largest city in Portugal, after Lisbon. It is the capital of the Porto District and one of the Iberian Peninsula's major urban areas. Porto c ...

. Opened in 2006, the centre is managed by the Foreigners and Borders Service (, SEF).Portugal Detention Profile
. Global Detention Project. Retrieved 8 February 2010 There are also five Temporary Installation Centres (, CIT) located at major airports including

Lisbon Lisbon ( ; ) is the capital and largest city of Portugal, with an estimated population of 567,131, as of 2023, within its administrative limits and 3,028,000 within the Lisbon Metropolitan Area, metropolis, as of 2025. Lisbon is mainlan ...

, Faro,

Funchal Funchal () officially Funchal City (), is the capital, largest city and a Municipality (Portugal), municipality in Portugal's Madeira, Autonomous Region of Madeira, bordered by the Atlantic Ocean. The city has a population of 105,795, making it ...

, and

Ponta Delgada Ponta Delgada (; ) is the largest municipality (''concelho'') and executive capital of the Autonomous Region of the Azores in Portugal. It is located on São Miguel Island, the largest and most populous in the archipelago. As of 2021, it has 67,2 ...

. In addition to these government-run facilities, there are two non-secure centers located near

: the Bobadela reception centre for asylum seekers, operated by the Portuguese Council for Asylum Seekers (, CPR), and the Pedro Arupe reception centre, managed by the Jesuit Refugee Service.

Spain

There are nine detention centers in

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

, known as CIEs (), run by the

Ministry of the Interior An interior ministry or ministry of the interior (also called ministry of home affairs or ministry of internal affairs) is a government department that is responsible for domestic policy, public security and law enforcement. In some states, the ...

, which can be found in the cities of

Madrid Madrid ( ; ) is the capital and List of largest cities in Spain, most populous municipality of Spain. It has almost 3.5 million inhabitants and a Madrid metropolitan area, metropolitan area population of approximately 7 million. It i ...

Barcelona Barcelona ( ; ; ) is a city on the northeastern coast of Spain. It is the capital and largest city of the autonomous community of Catalonia, as well as the second-most populous municipality of Spain. With a population of 1.6 million within c ...

Valencia Valencia ( , ), formally València (), is the capital of the Province of Valencia, province and Autonomous communities of Spain, autonomous community of Valencian Community, the same name in Spain. It is located on the banks of the Turia (r ...

Algeciras Algeciras () is a city and a municipalities in Spain, municipality of Spain belonging to the province of Cádiz, Andalusia. Located in the southern end of the Iberian Peninsula, near the Strait of Gibraltar, it is the largest city on the Bay of G ...

, Tarifa, Malaga, and in the islands of

Gran Canaria Gran Canaria (, ; ), also Grand Canary Island, is the third-largest and second-most-populous island of the Canary Islands, a Spain, Spanish archipelago off the Atlantic coast of Northwest Africa. the island had a population of that constitut ...

Fuerteventura Fuerteventura () is one of the Canary Islands, in the Atlantic Ocean, geographically part of Macaronesia, and politically part of Spain. It is located away from the coast of North Africa. The island was declared a biosphere reserve by UNESCO i ...

, and

Tenerife Tenerife ( ; ; formerly spelled ''Teneriffe'') is the largest and most populous island of the Canary Islands, an Autonomous communities of Spain, autonomous community of Spain. With a land area of and a population of 965,575 inhabitants as of A ...

. Expulsion paperwork can be initiated when a foreign person is in one of the following situations: # Lacking documentation in Spanish territory. # Working without a work permit, even if they have a valid resident permit. # Be involved in activities that violate public order or interior or exterior state security or any activity contrary to Spanish interests or that could put in danger Spain's relations with other countries. # Be convicted inside or outside of Spain of a crime punishable by incarceration for greater than one year. # Hiding or falsifying their situation from the Ministry of the Interior. # Lacking a legal livelihood or taking part in illegal activity. Various civil organizations (e.g. , SOS Racismo, and Andalucía Acoge) have appealed to the

Supreme Court of Spain The Supreme Court ('', TS'') is the Supreme court, highest court in the Spain, Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political p ...

, declaring the regulations behind the CIEs null and void for violating several human rights.

Ukraine

Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...

"Temporary Detention Centres", including one in Pavshyno, are run by the State Border Guard Service of Ukraine, responsible to the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

United Kingdom

The British

Home Office The Home Office (HO), also known (especially in official papers and when referred to in Parliament) as the Home Department, is the United Kingdom's interior ministry. It is responsible for public safety and policing, border security, immigr ...

has a number of detention centres, including (): 11 designated Immigration Removal Centres (IRCs), 4 designated Residential and Short Term Holding Facilities, and 1 Non-Residential Short Term Holding Facility. Four of the IRCs are managed by the Prison Service and the others are outsourced to private companies including Mitie,

GEO Group The GEO Group, Inc. (GEO) is a publicly traded C corporation headquartered in Boca Raton, Florida, that invests in private prisons and mental health facilities in the United States, Australia, South Africa, and the United Kingdom. The company ...

, G4S Group, and

Serco Serco Group plc is a British multinational corporation, multinational military, defence, Healthcare, health, Space industry, space, private prison, justice, Human migration, migration, customer service, customer services, and transport company ...

. Individuals can be detained under '' Immigration Act'' powers for a number of reasons. The largest category of detainees is people who have claimed asylum. Other people include those detained awaiting determination of their right to entry to the UK, people who have been refused permission to enter and are awaiting removal, people who have overstayed the expiry of their visas or have not complied with their visa terms, and people lacking the required documentation to live in the UK. The ''

Nationality, Immigration and Asylum Act 2002 The Nationality, Immigration and Asylum Act 2002 (c. 41) is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002. This Act created a number of changes to the law including: British Nationals with no othe ...

'' formally changed the name of "detention centres" to "removal centres". Both operation centres ran by G4S Group (as of 2018. Since 2020 both centres have been run by Serco) are located near

Gatwick Airport Gatwick Airport , also known as London Gatwick Airport (), is the Airports of London, secondary international airport serving London, West Sussex and Surrey. It is located near Crawley in West Sussex, south of Central London. In 2024, Gatwic ...

: * Brook House Immigration Removal Centre * Tinsley House Immigration Removal Centre Operation centres ran by Mitie (as of 2018) include: * Campsfield House (

Oxfordshire Oxfordshire ( ; abbreviated ''Oxon'') is a ceremonial county in South East England. The county is bordered by Northamptonshire and Warwickshire to the north, Buckinghamshire to the east, Berkshire to the south, and Wiltshire and Glouceste ...

) * Colnbrook Immigration Removal Centre (near

Heathrow Airport Heathrow Airport , also colloquially known as London Heathrow Airport and named ''London Airport'' until 1966, is the primary and largest international airport serving London, the capital and most populous city of England and the United Kingdo ...

) * Harmondsworth Immigration Removal Centre (near Heathrow Airport) Other operation centres (as of 2018) include: * Larne House (

Larne Larne (, , the name of a Gaelic Ireland, Gaelic territory)Larne/Latharna
Placenames Database of Ireland. is a to ...

County Antrim County Antrim (named after the town of Antrim, County Antrim, Antrim, ) is one of the six counties of Northern Ireland, located within the historic Provinces of Ireland, province of Ulster. Adjoined to the north-east shore of Lough Neagh, the c ...

), run by Tascor, a subsidiary of

Capita Capita plc is an international business process outsourcing and professional services company headquartered in London. It is the largest business process outsourcing and professional services company in the United Kingdom, with an overall ma ...

*Pennine House, at

Manchester Airport Manchester Airport is an international airport in Ringway, Manchester, England, south-west of Manchester city centre. In 2024, it was the third busiest airport in the United Kingdom in terms of passengers (the busiest outside of London) ...

which is run by Tascor *

Dungavel Dungavel Immigration Removal Centre is an Immigration detention in the United Kingdom, immigration detention facility in South Lanarkshire, Scotland, near the town of Strathaven that is also known as Dungavel Castle or Dungavel House. It is opera ...

(

Lanarkshire Lanarkshire, also called the County of Lanark (; ), is a Counties of Scotland, historic county, Lieutenancy areas of Scotland, lieutenancy area and registration county in the Central Lowlands and Southern Uplands of Scotland. The county is no l ...

), run by

* Morton Hall Immigration Removal Centre (near Newark), run by

Her Majesty's Prison Service His Majesty's Prison Service (HMPS) is a part of HM Prison and Probation Service (formerly the National Offender Management Service), which is the part of His Majesty's Government charged with managing most of the prisons within England and ...

* Yarl's Wood Immigration Removal Centre (

Bedfordshire Bedfordshire (; abbreviated ''Beds'') is a Ceremonial County, ceremonial county in the East of England. It is bordered by Northamptonshire to the north, Cambridgeshire to the north-east, Hertfordshire to the south and the south-east, and Buckin ...

), run by

Additionally, some prisons detain migrants or asylum seekers purely under ''Immigration Act'' powers, usually if they have been serving a prison sentence which has expired. There are also four short term holding facilities in

Manchester Manchester () is a city and the metropolitan borough of Greater Manchester, England. It had an estimated population of in . Greater Manchester is the third-most populous metropolitan area in the United Kingdom, with a population of 2.92&nbs ...

Dover Dover ( ) is a town and major ferry port in Kent, southeast England. It faces France across the Strait of Dover, the narrowest part of the English Channel at from Cap Gris Nez in France. It lies southeast of Canterbury and east of Maidstone. ...

Harwich Harwich is a town in Essex, England, and one of the Haven ports on the North Sea coast. It is in the Tendring district. Nearby places include Felixstowe to the north-east, Ipswich to the north-west, Colchester to the south-west and Clacton-o ...

and

Colnbrook Colnbrook is a village in the Borough of Slough, Slough district in Berkshire, England. It lies within the historic counties of England, historic boundaries of Buckinghamshire, and straddles two distributaries of the River Colne, Hertfordshire, ...

. The

British government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.

has been given powers to detain asylum seekers and migrants at any stage of the asylum process. The use of asylum has increased with the introduction of the process of 'fast track', or the procedure by which the Immigration Service assess asylum claims which are capable of being decided quickly. Fast-tracking takes place in Oakington Reception Centre, Harmondsworth, and Yarl's Wood. There are three situations in which it is lawful to detain an asylum seeker or migrant. # To fast track their claim # If the government has reasonable grounds to believe that the asylum seeker or migrant will abscond or not abide by the conditions of entry. # If the asylum seeker or migrant is about to be deported. Once detained, it is possible to apply for bail. There is

legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right ...

for representation at bail hearings and the organisation Bail for Immigration Detainees provides help and assistance for those subject to detention to represent themselves. Since summer 2005, there has been an increase in the detention of

foreign national A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign nationa ...

s since

Home Secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...

Charles Clarke's foreign prisoners scandal, which revealed that there were a number of foreign nationals who had committed crimes and had not been deported at the end of their sentence. Criticism of UK immigration detention focuses on comparisons with prison conditions in which persons are kept though they have never been convicted of a crime, the lack of

judicial oversight Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are inc ...

, and on the lengthy bureaucratic delays that often prevent a person from being released, particularly when there is no evidence that the detainee will present a harm or a burden to society if allowed to remain at large while their situation is examined. In 2006, the conditions of detention centres were criticised, by the UK Inspector of Prisons. Chief Inspector of Prisons. 2004.
Report on an unannounced inspection of Campsfield House Immigration Removal Centre
" . London: Her Majesty's Inspectorate of Prisons.

References

Citations

Notes

External links

Global Detention Project: Mapping the use of detention
Criminal law Imprisonment and detention Immigration law Detention centers Immigration detention centers and prisons

Americas

Canada

United States

Asia-Pacific

Australia

India

Japan

Europe

Austria

Greece

Italy

Malta

Netherlands

Portugal

Spain

Ukraine

United Kingdom

See also

References

Citations

Notes

Further reading

External links