This discussion paper stands against the immigration detention of minors, even used as a measure of last resort, and calls for implementing meaningful alternatives to detention during return procedures. It also recommends mandating the collection of data on this matter.

In the context of migration, detention is permitted and regulated by a strict European legislative framework. Recognising the severity of the measure against the right to liberty and in order to enhance the safeguards for vulnerable persons, Member States rely increasingly on alternatives to detention. Alternatives to detention are often considered to be less resource-intensive, less intrusive for the individual, and more effective at reducing pressure on national detention systems, but their implementation comes with a series of challenges.

24 Member States provided information on national laws and practices regarding the detention of families with children in migration procedures, the possibility to detain one of the parents and detention in the context of the age assessment process.