European legal and policy framework on immigration detention of children FRA opinion 4 Domestic legislation regulating immigration or asylum should not be used to detain individuals on grounds of public order, thereby circumventing the safeguards established under human rights law for criminal detention. EU  Member States should ensure that grounds for immigration detention established at national level do not extend beyond the exhaustive list of legitimate grounds listed in Article 5 (1) of the ECHR, as well as those permissible under the EU  asylum and return acquis. Detention to secure return is not lawful in the absence of realistic prospects for removal. EU  Member States could consider introducing a  presumption against pre-removal detention for de jure as well as de facto stateless persons, including children. This should be one in cases where it is evident from past experience that the country of former habitual residence will not readmit the person or, for de facto stateless persons, the country of nationality will refuse any cooperation in establishing the citizenship and issuing related travel documents. Given its short- and long-term consequences on children’s development, EU  Member States should not use deprivation of liberty as a means to protect children from exploitation and to mitigate risks of them going missing. These risks should be countered by improving reception conditions (including by assigning specialised support staff on a  24/7 basis); strengthening guardianship systems; and gaining a  better understanding of why children go missing and what can be done to prevent their disappearance. These efforts should be accompanied by effective mechanisms to record when a child goes missing and to follow up when the child is found again, as FRA points out in its Opinion on the impact on fundamental rights of the proposal for a  revised Eurodac Regulation. 46