UNHCR Calls for Urgent Reforms to End Arbitrary Detention of Asylum-Seekers

Despite clear international legal standards prohibiting the detention of children for immigration reasons, UNHCR expresses concern over the rising use of immigration detention.

The UN Refugee Agency (UNHCR) has issued a strong call for reforms to end the arbitrary detention of asylum-seekers and refugees, urging states to halt this detrimental practice. In its latest advocacy brief, Unlocking Rights: Towards Ending Immigration Detention for Asylum-Seekers and Refugees, UNHCR highlights the alarming trend of detaining individuals who are simply seeking safety from violence, conflict, or persecution.

The brief outlines the severe consequences of arbitrary detention, including significant impacts on the physical and mental health of those affected, disruption of family ties, and the detrimental effects on children—issues that have been recognized by the Committee on the Rights of the Child and various courts.

Despite clear international legal standards prohibiting the detention of children for immigration reasons, UNHCR expresses concern over the rising use of immigration detention. Many asylum-seekers are subjected to mandatory or indefinite detention in inadequate conditions, often without access to legal representation or judicial review.

The brief identifies four critical areas for reform:

De Facto Detention: Addressing the circumstances that lead to the informal detention of asylum-seekers.

Detention of Children: Urging an end to the detention of minors, emphasizing that it is never in their best interest.

Procedural Rights: Ensuring that asylum-seekers have access to legal processes and the ability to challenge their detention.

Alternatives to Detention: Promoting community-based models as more humane and cost-effective alternatives that uphold compliance with asylum procedures.

UNHCR calls on states to adopt and implement laws and policies that align with international human rights and refugee law standards. The agency emphasizes the importance of taking immediate action to end immigration detention, particularly for vulnerable groups, and prioritizing non-custodial alternatives that respect human dignity.