Alternatives to migration detention and reduction of irregularities in the migration system – an engagement-based approach cla_team August 6, 2024

Alternatives to migration detention and reduction of irregularities in the migration system – an engagement-based approach

Report alternatives

Report of the Voice in Bulgaria Legal Aid Centre on the European Programme for Integration and Migration (EPIM) of the Network of European Foundations (NEF)

In March 2022, when this report was produced, Bulgaria and Europe were in the midst of the devastating crisis of the Russian military invasion of Ukraine – a war that was raging in the European continent itself. Within weeks, millions of people have been forced to migrate, fleeing Ukraine to save their lives and those of their children. By and large, they were welcomed in neighbouring and other European countries with a warm reception of refugees unprecedented in recent times. The EU Temporary Protection Directive was activated for the first time and host societies mobilised in providing humanitarian and other assistance.
This situation is developing just a few years after the peak of the so-called refugee crisis in Europe, which saw an increase in the number of asylum seekers fleeing the war in Syria and other countries trying to find refuge on our continent. It comes less than six months after the Taliban takeover of Afghanistan and another significant number of asylum seekers knocking on Europe’s closed doors. And while before February 2022, policy responses to migration at national and EU level were mainly based on prevention, return and border tightening, it is now clear that a radical rethink is needed. Enforcement-based approaches to migration, relying on migrant detention, strict border controls and return, are clearly not the answer to effective migration management – and the current situation should make this clear for all to see.
We know that detention is not an effective policy approach to managing migration flows. We know that stricter border controls, deportation and detention measures will not lead to lasting solutions to the continent’s migration management problems. We know that there are more
humane yet effective policies that can be implemented in a community environment to help manage migration through and to Bulgaria and Europe.
How can we make this transition from an enforcement-based policy to a balanced and integration-based policy? The pilot project described below, on which this report is based, sought to answer these questions by testing a case management method for implementing alternatives to immigration detention (ATD) in the community.
For the period May 2019 to March 2022. The Legal Aid Centre – Voice in Bulgaria conducted the project “Implementing Engagement-based Alternatives to Detention and Reducing Irregularities in the Migration System”, funded by the Network of European Foundations (NEF) through the European Programme on Integration and Migration (EPIM).
The main objective of the project was to build on our progress to date in advocating for the reduction of the use of detention in Bulgaria and the implementation of engagement-based alternatives to detention (ATD).
The project aimed to promote and facilitate the use of engagement-based ATD as a first option, further develop the case management (CM) method as a tool for successful implementation of ATD, and advocate for the reduction of illegality in the migration system through non-coercive, voluntary engagement methods. He sought to challenge the “detain and deport” paradigm by building a positive case for migration and advocating for the introduction of legal pathways to regular status.
The case management component of the project was implemented in partnership with Caritas Sofia and ran for the period May 2019 – May 2021. It utilised the Community Assessment and Placement (CAP) services developed by the International Detention Coalition (IDC) to support a targeted number of 80 migrants at risk of immigration detention, to help successfully resolve their cases in community-based placement settings. This included a needs assessment, individual case profile and plan development, legal advice and representation
with institutions, including the courts, referrals to community services and professionals, accompaniment to appointments (with doctors, psychologists, notaries, landlords, etc.), and other types of support.

More about migration detention – on our website https://detained.bg

Read the report