COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES
The release process followed a similar pattern across the country.
Migrants who had a home to go to were the first ones to be set free.
If they lacked any relatives in the country, they were sent to social
organizations running reception projects, such as the humanitarian
assistance program for undocumented migrants at Fundación Cepaim,
a nationwide organization focusing on social inclusion and intercultural
coexistence, which received 46 migrant detainees in Madrid, Valencia
and Murcia.
THERE IS AMPLE ROOM FOR ALTERNATIVES
Civil society organizations and activists have welcomed this approach,
although they feel it is a measure that has been compelled by the
situation and the lack of legal basis for immigration detention while
deportations cannot be enforced, instead of being part of a wider
strategy by the government to gradually reduce detention. In practice,
detention occupies the whole spectrum of applicable interim measures,
and there is room for alternatives to fill the big gap left during the
pandemic.
IT IS TIME FOR ALTERNATIVES
There are no migrant detainees now in Spain for reasons relating
to their immigration status. Detention is not a measure that can be
taken to ensure deportations in the near future due to the pandemic
and its uncertain nature. It is now the time for the Spanish competent
authorities to make use of this moment as an opportunity to implement
community-based alternative-to-detention pilot programs. Spain led
the way releasing migrants from detention, and it should at least give
way to alternatives in order to comply with human rights standards in
this field. The pandemic has shown that alternatives to detention are
the only way out and a shift away from detention is needed now more
than ever.
NACHO HERNÁNDEZ
International Affairs Department, Fundación Cepaim
As the former Special Rapporteur on extreme poverty and human rights
put it after his visit to Spain in early 2020, civil society in this country
is “one of the most vibrant” he had ever encountered.9 Indeed, social
organizations have the capabilities, the experience and the willingness
to pilot alternative-to-detention programs first, and to ultimately
manage established community-based alternatives in the future. For
instance, the aforementioned nationwide humanitarian assistance
program managed by the Ministry of Inclusion, Social Security and
Migrations and implemented by organizations such as Fundación
Cepaim has been running for over a decade. It provides accommodation
and covers the basic needs (food, hygiene and local travel) of its
beneficiaries, who are assisted during three months by a team of social
workers and, sometimes, even by lawyers and psychologists. The
programme provides migrants released from CIE with skills that would
support their social inclusion in Spain. Social organizations have the
staff and tools needed to ensure successful pilot programs.
9 OHCHR (2020). Statement by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights, on his visit to Spain, 27 January –
7 February 2020. Available at: https://bit.ly/2R75tWG.
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International Detention Coalition and Western Sydney University