Commissioner calls for release of immigration detainees while Covid-19 crisis continues
Under human rights law, immigration detention for the purpose of such returns can only be lawful as long as it is feasible that return can indeed take place. This prospect is clearly not in sight in many cases at the moment. Furthermore, immigration detention facilities generally provide poor opportunities for social distancing and other measures to protect against Covid-19 infection for migrants and staff.
The release of the most vulnerable should be prioritised. Since the immigration detention of children, whether unaccompanied or with their families, is never in their best interest, they should be released immediately. The authorities of member states should also refrain from issuing new detention orders to persons who are unlikely to be removed in the near future.
Member states should also ensure that those released from detention are given appropriate access to accommodation and basic services, including health care. This is necessary to safeguard their dignity and also to protect public health in member states.