Immigration detention involves incarcerating foreign nationals, asylum seekers, and immigrants suspected of unauthorized entry or visa violations in detention centers. This practice serves immigration control, pending visa decisions or repatriation. Mandatory detention compels the imprisonment of individuals deemed illegal immigrants or unauthorized arrivals. While some countries impose maximum detention periods, others allow indefinite detention. The detainees are held until immigration authorities decide whether to release them or deport them back to their country of origin.
In 2002, Malta began to experience a large influx of migrants, leading the government to apply the 1970 Chapter 217 of the Laws of Malta (Immigration Act), providing for detention for all "prohibited migrants", including prospective asylum seekers, soon after apprehension by the immigration authorities.
In 1992, Australia adopted a policy of mandatory immigration detention for all non-citizens who arrived in the country without a visa.
In 1996, legislation was passed in the United States making immigration detention mandatory in response to the Oklahoma City bombing.
Since 6 March 1998 (law n.40/1998, aka the Turco-Napolitano law), irregular immigrants whose asylum requests have been denied are held in "Provisional Stay Centers" (Italian: Centri di Permanenza Temporanea, CPT) while awaiting expulsion from Italy.
Since 30 July 2002, the Bossi-Fini law (law n. 189/2002) made illegal entry and stay in Italian territory a criminal offence.
In 2002, Malta began to experience a large influx of migrants, leading the government to apply the Immigration Act of 1970.
The Nationality, Immigration and Asylum Act 2002 formally changed the name of "detention centres" to "removal centres" in the UK.
Between 2003 and 2008, approximately 104 mostly young individuals died in the detention of the US Immigration and Customs Enforcement (ICE) or shortly after, with medical neglect potentially contributing to 30 of those deaths.
In 2003, the Maltese government substituted the indefinite detention policy with an 18-month detention length (the maximum under EU law), after which the applicant is transferred to an open centre if the processing of his/her application has not been finished.
In 2004, the UNHCR criticized Malta's detention policy for its extensive duration, and the Council of Europe's commissioner for human rights, Álvaro Gil-Robles, criticised it as international standards required cautious and individual examination of each case and proper legal checks before incarceration, which were missing in the Maltese legislation.
Since summer 2005, there has been an increase in the detention of foreign nationals following Home Secretary Charles Clarke's foreign prisoners scandal in the UK.
In 2006, the T. Don Hutto Residential Center opened specifically to house non-criminal families in the United States.
In 2006, the conditions of detention centres in the UK were criticised by the UK Inspector of Prisons.
In May 2008, the United States Congress began considering a bill aimed at setting new standards for healthcare provided to immigrant detainees.
Since 23 May 2008 (law n.125/2008), "Provisional Stay Centers" were renamed as "Identification and Expulsion Centers" (Italian: Centri di Identificazione ed Espulsione, CIE).
In July 2008, the Australian government announced it was ending its policy of automatic detention for asylum seekers who arrive in the country without visas.
On 6 August 2008, Hiu Lui Ng, a 34-year-old New Yorker, died while in the detention of ICE, leading to condemnation and calls for reform of the system by editors at The New York Times.
In 2008, an EP-OIM comparative study found that "following a long stay in detention [illegal immigrants] are then released into the community...joining the black market economy and suffering abuse with regard to conditions of work" in Malta.
In 2008, the first immigration detention centre in Assam state, India, was established when the Indian National Congress (INC) government was in power.
In 2009, the Obama Administration pledged to overhaul the existing immigration detention system, aiming to make it less punitive and subject to greater federal oversight.
As of 2010, approximately 31,000 non-citizens, including children, were held in immigration detention in over 200 detention centres, jails, and prisons nationwide in the United States.
In 2011, the Congress government in Assam, India, set up three more immigration detention camps.
In September 2012, Australia reinstated its policy of offshore detention for asylum seekers.
Following the 2013 Australian federal election, immigration policies were toughened and Operation Sovereign Borders was launched.
As of January 2015, the British Home Office had a number of detention centres, including 11 designated Immigration Removal Centres (IRCs), 4 designated Residential and Short Term Holding Facilities, and 1 Non-Residential Short Term Holding Facility.
From 13 April 2017, the Minniti-Orlando law (law n. 46/2017) renamed the "Identification and Expulsion Centers" to "Permanence Centers for Repatriations" (Italian: Centri di Permanenza per i Rimpatri, CPR).
In 2017, Canada received the highest number of asylum claims in its history.
Between 2017 and 2018, 6,609 people were detained in holding centres in Canada, compared to 4,248 the year prior, marking a notable increase in detentions.
By 2018, only a limited number of the planned 20 "Permanence Centers for Repatriations" (CPRs) were operational in Italy.
From 2018 onwards, the Bharatiya Janta Party (BJP) government planned to construct more immigration detention camps across India.
In 2018, operation centres were ran by Mitie.
In April 2019, the CBSA detained 8,825 people between April 2019 and March 2020, including 138 minors. Almost 2,000 of these detainees were kept in provincial jails.
In late 2019, Greece's government announced the creation of five closed, pre-departure detention centers for refugees and immigrants on the Aegean islands. Ten other closed detention camps were planned as of 2019.
In March 2020, the CBSA detained 8,825 people between April 2019 and March 2020, including 138 minors. Almost 2,000 of these detainees were kept in provincial jails.
As of November 2020, during the COVID-19 pandemic, there were only 94 immigration detainees in provincial jails, 12 in Laval IHC, 18 in Greater Toronto IHC, and 11 in British Columbia IHC.
As of 2020, Canada has three Immigration Holding Centres (IHCs). Each IHC has different ownership and operational structures.
Since 2020, operation centres near Gatwick Airport have been run by Serco.
Reuters reported that thousands of federal court petitions were filed challenging detention, with more than 20,200 Habeas corpus cases since 2025.
From October 2025 to February 2026, 400 federal judges had ruled that ICE had illegally detained people a total of 4,421 times.
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