Results are excerpts from the referenced publication, and may not be current at the time of the search. Please also note the database is currently in its testing phase. We would welcome any feedback at [email protected]

  • Ensuring that detention is only used when necessary in Brazil
  • Brazil
  • In Brazil, the presumption of liberty is reflected in the law by the fact that detention is only permissible as an exceptional measure when necessary in order to execute deportation. (Art. 61 and 73 of the Immigration Law). Persons already in the country: Instead of detaining, the first measure of response to an immigration infraction is to issue the migrant a fine and order him/her to leave the country or regularize their status within a certain period of time. This does not apply to persons seeking asylum or those who have the possibility of regularizing their immigration status through one of the country’s existing amnesty programs. The order to leave the country is noted in the migrant's identity document, or in its absence, is included in a statement issued by authorities (Art. 57 and 127 of the Immigration Law). A person is able to leave Brazil without be required to pay the fine. However, they will not be allowed to re-enter legally without paying. The time limit given applies both to payment of the fine and leaving the country. Those who do not leave the country within the allotted time limit, enter into deportation proceedings. Persons who face deportation may be detained for up to 60 days, if deemed necessary in order to execute removal, with possible extension of up to 120 days. However, actual detention rarely occurs in practice unless the migrant has committed a crime (Art. 61 of the Immigration Law)
  • Law
  • Liberty
  • Only permit detention when alternatives cannot be applied
  • Returnees / Deportees
  • All
  • Policy mandating the consideration of alternatives to detention in Canada
  • Canada
  • Citizenship and Immigration Canada, Enforcement Manual 20 (ENF 20)- Officers must be aware that alternatives to detention exist. As an alternative to detention, an officer may impose conditions, require a deposit of money or direct that a person participate in a third party risk management program ( para 5.11). Officers must also consider alternatives to detention and ensure detention is avoided or considered as a last resort for: the elderly, pregnant, sick, handicapped, mentally ill, and with behavioural problems, where safety or security is not an issue - (5.13). Also, in making a decision to detain or release, officers must consider the existence of alternatives to detention (see 5.9), detention is feasible where alternatives to detention are not avaialble to mitigate any risk to public safety or flight risk (5.9).
  • Policy
  • Liberty
  • Only permit detention when alternatives cannot be applied
  • Migrants
  • Women
  • Pregnant and nursing mothers
  • Survivor of torture or trauma