European legal and policy framework on immigration detention of children In 2010, FRA published a report on Detention of thirdcountry nationals in return procedures, focusing on the detention of persons pending removal in the then 27 EU Member States. One chapter of the 2010 report is devoted to detention of children. Various parts of this report refer to FRA’s 2010 report where it is useful to illustrate trends. Like the 2010 report, the current report is based primarily on desk research carried out through FRA’s research network, FRANET  – for this report, between January and May 2016 – and is complemented by information obtained from public authorities, national human rights institutions, and other relevant organisations. National legislation referenced in this report is up to date to April 2017, unless specified otherwise. This report complements existing studies. These include the 2015 European Migration Network (EMN) report Policies, practices and data on unaccompanied minors in the EU Member States and Norway and its 2014 report The use of detention and alternatives to detention in the context of immigration policies, which analyse provisions in EU Member States regulating alternatives to detention, including for vulnerable people. This report also adds to the work of international and civil society organisations, such as the United Nations High Commissioner for Refugees (UNHCR) Global strategy: Beyond detention 2014–2019, including the Strategy’s Baseline report as well as the Progress report mid-2016, all of which aim to support governments in ending the practice of detaining asylum-seekers and refugees, including children. It also adds to the 2015 report of the Global Detention Project and Access Info Europe The uncounted: The detention of migrants and asylum seekers in Europe, which collected statistical data on immigration detention practices in 33 European and North American countries. Situations in which children are detained In practice, children are stopped – either together with, or without, their families – and held for a short period to clarify what actions are to be taken. This may happen at borders or inside a state’s territory. The children are held at police stations, special holding rooms at the borders or other facilities, usually for a few hours or overnight – pending a decision as to whether they are to be released, ordered into detention or returned. Where EU Member States need to extend the deprivation of liberty because it is considered absolutely necessary for the asylum procedure or to prepare an individual’s removal from the EU, they are obliged to order the deprivation of liberty and notify the person concerned of this decision. This must happen swiftly. In EU Member States that require the involvement of judicial authorities to order detention, the judge must normally confirm the deprivation of liberty within a maximum of Figure 2: Situations in which children are deprived of liberty for immigration-related reasons Return and removal At borders Inside territory Source: FRA, 2017 12 Child is stopped and held to decide what action to take (usually not more than maximum 72 hours by law) Release (and placement in open facility) For asylum purposes Detention For return purposes