WORLD Policy Analysis Center

Do countries generally permit the detention of unaccompanied minor asylum-seekers?

‘Unaccompanied minor asylum-seekers’ are children seeking refugee status or international protection traveling without a parent or legal guardian.

Detention generally permitted or imprisonment for immigration offences means that legislation permitted detention without any of the limits on circumstances outlined below, or that legislation did not explicitly address detention, but did outline prison sentences for illegal entry, overstaying a visa, or other non-work-related migration offenses. Provisions on prison sentences generally did not specify age restrictions; separate legislation may limit the imprisonment of minors in a country, but was not systematically captured, as the focus of this analysis is on immigration detention.

Limited circumstances for detention means that legislation established at least one of the following limits on minor detention: (1) language that broadly limits use, such as “as a last resort,” “in exceptional cases” or “if cannot be achieved by other means”; (2) language that broadly limits duration of detention, such as “for the shortest time necessary”; (3) language that explicitly limits detention to be used prior to deportation only; (4) language that explicitly prioritizes alternatives to detention, such as electronic tracking or placement in childcare facilities; (5) explicitly limits detention to verifying that the child is a minor or identifying an unaccompanied minor; and/or (6) explicit limits on the duration of detention to less than one week.

Legislation does not permit detention of younger children only means that provisions limiting the detention of minors only apply to younger children, such as those younger than 14 or 16 years old. Details on these circumstances are available on mouseover.

Legislation does not permit detention means that legislation explicitly stated that minors cannot be detained, specified solely the use of alternatives to detention, or restricted freedom of movement only to an area or zone, but not a residential center. We considered countries that placed children in childcare centers, reception centers, accommodation centers, asylum centers, or other open facilities as not permitting detention as long as language did not include restrictions on movement to the facility, or compulsory or obligatory stays. In some cases, countries may outline placement in these facilities, but in practice have conditions that resemble detention.

No laws regulating detention means that no explicit references to prohibiting or allowing detention were found in the legislation reviewed.

Countries

Albania - Detention generally permitted or imprisonment for immigration offenses

Angola - Detention generally permitted or imprisonment for immigration offenses

Argentina - Detention generally permitted or imprisonment for immigration offenses

Bahrain - Detention generally permitted or imprisonment for immigration offenses

Bangladesh - Detention generally permitted or imprisonment for immigration offenses

Belize - Detention generally permitted or imprisonment for immigration offenses

Bhutan - Detention generally permitted or imprisonment for immigration offenses

Bolivia - Detention generally permitted or imprisonment for immigration offenses

Brunei - Detention generally permitted or imprisonment for immigration offenses

Cambodia - Detention generally permitted or imprisonment for immigration offenses

Cameroon - Detention generally permitted or imprisonment for immigration offenses

Chile - Detention generally permitted or imprisonment for immigration offenses

Democratic Republic of the Congo - Detention generally permitted or imprisonment for immigration offenses

Republic of the Congo - Detention generally permitted or imprisonment for immigration offenses

Cote d'Ivoire - Detention generally permitted or imprisonment for immigration offenses

Eritrea - Detention generally permitted or imprisonment for immigration offenses

Gabon - Detention generally permitted or imprisonment for immigration offenses

The Gambia - Detention generally permitted or imprisonment for immigration offenses

Germany - Detention generally permitted or imprisonment for immigration offenses

Ghana - Detention generally permitted or imprisonment for immigration offenses

Honduras - Detention generally permitted or imprisonment for immigration offenses

India - Detention generally permitted or imprisonment for immigration offenses

Indonesia - Detention generally permitted or imprisonment for immigration offenses

Israel - Detention generally permitted or imprisonment for immigration offenses

Japan - Detention generally permitted or imprisonment for immigration offenses

Republic of Korea - Detention generally permitted or imprisonment for immigration offenses

Laos - Detention generally permitted or imprisonment for immigration offenses

Madagascar - Detention generally permitted or imprisonment for immigration offenses

Mali - Detention generally permitted or imprisonment for immigration offenses

Mauritania - Detention generally permitted or imprisonment for immigration offenses

Mexico - Detention generally permitted or imprisonment for immigration offenses

Montenegro - Detention generally permitted or imprisonment for immigration offenses

Morocco - Detention generally permitted or imprisonment for immigration offenses

Myanmar - Detention generally permitted or imprisonment for immigration offenses

Nepal - Detention generally permitted or imprisonment for immigration offenses

New Zealand - Detention generally permitted or imprisonment for immigration offenses

Niger - Detention generally permitted or imprisonment for immigration offenses

Nigeria - Detention generally permitted or imprisonment for immigration offenses

Pakistan - Detention generally permitted or imprisonment for immigration offenses

Peru - Detention generally permitted or imprisonment for immigration offenses

The Philippines - Detention generally permitted or imprisonment for immigration offenses

Romania - Detention generally permitted or imprisonment for immigration offenses

Russian Federation - Detention generally permitted or imprisonment for immigration offenses

Senegal - Detention generally permitted or imprisonment for immigration offenses

Serbia - Detention generally permitted or imprisonment for immigration offenses

Singapore - Detention generally permitted or imprisonment for immigration offenses

Somalia - Detention generally permitted or imprisonment for immigration offenses

South Sudan - Detention generally permitted or imprisonment for immigration offenses

Sri Lanka - Detention generally permitted or imprisonment for immigration offenses

Sudan - Detention generally permitted or imprisonment for immigration offenses

Tanzania - Detention generally permitted or imprisonment for immigration offenses

Thailand - Detention generally permitted or imprisonment for immigration offenses

Togo - Detention generally permitted or imprisonment for immigration offenses

Tunisia - Detention generally permitted or imprisonment for immigration offenses

United Arab Emirates - Detention generally permitted or imprisonment for immigration offenses

Uzbekistan - Detention generally permitted or imprisonment for immigration offenses

Algeria - Limited circumstances for detention

Australia - Limited circumstances for detention

Bosnia and Herzegovina - Limited circumstances for detention

Botswana - Limited circumstances for detention

Brazil - Limited circumstances for detention

Bulgaria - Limited circumstances for detention

Canada - Limited circumstances for detention

Colombia - Limited circumstances for detention

Croatia - Limited circumstances for detention

Denmark - Limited circumstances for detention

Egypt - Limited circumstances for detention

El Salvador - Limited circumstances for detention

Estonia - Limited circumstances for detention

Ethiopia - Limited circumstances for detention

France - Limited circumstances for detention

Georgia - Limited circumstances for detention

Greece - Limited circumstances for detention

Guatemala - Limited circumstances for detention

Iraq - Limited circumstances for detention

Ireland - Limited circumstances for detention

Jordan - Limited circumstances for detention

Kazakhstan - Limited circumstances for detention

Kenya - Limited circumstances for detention

Kuwait - Limited circumstances for detention

Kyrgyzstan - Limited circumstances for detention

Latvia - Limited circumstances for detention

Lebanon - Limited circumstances for detention

Liberia - Limited circumstances for detention

Libya - Limited circumstances for detention

North Macedonia - Limited circumstances for detention

Malawi - Limited circumstances for detention

Malta - Limited circumstances for detention

Mongolia - Limited circumstances for detention

Mozambique - Limited circumstances for detention

Namibia - Limited circumstances for detention

The Netherlands - Limited circumstances for detention

Norway - Limited circumstances for detention

Oman - Limited circumstances for detention

Paraguay - Limited circumstances for detention

Rwanda - Limited circumstances for detention

Saudi Arabia - Limited circumstances for detention

Sierra Leone - Limited circumstances for detention

Slovenia - Limited circumstances for detention

South Africa - Limited circumstances for detention

Sweden - Limited circumstances for detention

Syria - Limited circumstances for detention

United States of America - Limited circumstances for detention

Vietnam - Limited circumstances for detention

Yemen - Limited circumstances for detention

Zambia - Limited circumstances for detention

Zimbabwe - Limited circumstances for detention

Austria - Legislation does not permit detention of younger children only

Belarus - Legislation does not permit detention of younger children only

China - Legislation does not permit detention of younger children only

Finland - Legislation does not permit detention of younger children only

Iceland - Legislation does not permit detention of younger children only

Switzerland - Legislation does not permit detention of younger children only

Türkiye - Legislation does not permit detention of younger children only

Armenia - Legislation does not permit detention

Azerbaijan - Legislation does not permit detention

Belgium - Legislation does not permit detention

Costa Rica - Legislation does not permit detention

Cyprus - Legislation does not permit detention

Czech Republic - Legislation does not permit detention

Djibouti - Legislation does not permit detention

Ecuador - Legislation does not permit detention

Guinea - Legislation does not permit detention

Hungary - Legislation does not permit detention

Italy - Legislation does not permit detention

Lithuania - Legislation does not permit detention

Moldova - Legislation does not permit detention

Nicaragua - Legislation does not permit detention

Panama - Legislation does not permit detention

Poland - Legislation does not permit detention

Portugal - Legislation does not permit detention

Qatar - Legislation does not permit detention

Slovakia - Legislation does not permit detention

Spain - Legislation does not permit detention

Tajikistan - Legislation does not permit detention

Turkmenistan - Legislation does not permit detention

Uganda - Legislation does not permit detention

Ukraine - Legislation does not permit detention

United Kingdom - Legislation does not permit detention

Venezuela - Legislation does not permit detention

Afghanistan - No laws regulating detention

Benin - No laws regulating detention

Burkina Faso - No laws regulating detention

Burundi - No laws regulating detention

Central African Republic - No laws regulating detention

Chad - No laws regulating detention

Democratic People's Republic of Korea - No laws regulating detention

Malaysia - No laws regulating detention

Uruguay - No laws regulating detention