COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES In December 2019, India witnessed public outrage and large scale protests over the implementation of the NRC and a controversial citizenship law (that allows all non-Muslim religious minority groups from Afghanistan, Bangladesh and Pakistan to acquire citizenship), both of which are widely regarded as being unconstitutional and against India’s secular values. These developments have made immigration detention one of the most pressing political issues in the country. As mentioned, with the advent of the global pandemic, the situation escalated further as thousands of immigration detainees, who had been kept in detention centres indefinitely without access to legal remedies, were at a heightened risk of infection. CONCLUSION Latest data5 indicates that since March 2020, over 8,500 COVID-19 cases have been detected within various prison facilities across India. India has over 1,401 prisons in the country, which, according to 2018 National Crime Records Bureau (NCRB) data, were packed with around 450,000 people, nearly 60,000 over the sanctioned capacity. Following the Supreme Court directives, over 61,000 detainees have been released, of which over 350 are foreigners from immigration detention centres in Assam.6 Following their release, all detainees were required to undergo a COVID-19 test and a mandatory 14-day quarantine. In light of the spike in COVID-19 cases across the country, State governments and courts have also started extending the interim bail of those released, to prevent the possible spread of the virus by those returning to jail after the expiry of their bail or parole period. For example, in August 2020, the Delhi High Court extended the interim bail of 2,901 undertrial prisoners by 45 days to de-congest jails. As per data from October 2019, there are nearly 130,0007 “illegal foreigners” in India with minimal chance of repatriation. In light of this, we need long term solutions for the management of this group which is in line with India’s constitutional and democratic ethos. The courts have to step in to de-legitimise the practice of indefinite detention of individuals created by the current legal lacunae. Further, the courts should also issue uniform guidelines for the protection of vulnerable groups like refugees, survivors of trafficking and other persecuted groups by ensuring that there are systems in place to process their asylum claims, provide legal representation, issue legal documentation, and facilitate access to protection services. With respect to the current pandemic, there has to be clarity on the legal procedure that will be followed for those who have been released and those still in detention, once the situation normalises. ROSHNI SHANKER Founder and Executive Director Migration and Asylum Project (M.A.P) With regard to foreign detainees, reports indicate that there are still nearly 500 inmates who remain in the detention centres in Assam. While, it is not clear as to why they were not eligible for release based on the court’s directive, it can be inferred that this group would include detainees who were unable to pay the surety amount or had not served two years in detention. While the decision to release some categories of detainees to prevent congestion in prisons is a welcomed move, it is still a reactive and a temporary measure. There is no clarity on the status of the released detainees. Will they face re-detention once the pandemic is in control? What will happen to detainees who have served their full sentence? What will be their legal status in India? 5 State Wise Prison Response to COVID 19 Pandemic in India, available at: https://www.humanrightsinitiative.org/content/stateut-wise-prisons-response-to-covid-19pandemic-in-india (accessed on September 23, 2020). 6 Assam: 350 detention camp inmates released on bail during Covid-19 pandemic, says Centre, New Indian Express, September 21, 2020, available at: https://www.newindianexpress.com/nation/2020/sep/21/assam-350detention-campinmates-released-on-bail-during-covid-19-pandemic-sayscentre2200003.html (accessed on September 23, 2020). 7 1.29 lakh people declared foreigners in Assam, 6 deported: Govt, The Hindustan Times, December 10, 2020, available at: https://www.hindustantimes.com/indianews/1-29-lakh-people-declared-foreigners-in-assam-only-6-deported-govt/story-M3sMhUjODQfwd4y4SughrN.html (accessed on September 23, 2020). 28 International Detention Coalition and Western Sydney University