Author
Children shall not be detained as a rule,[1] but the Immigration Law foresees the possibility of detaining families with children.[2] Similarly, as already mentioned, unaccompanied or separated migrant children are never detained in CIEs, unless they are not identified as minors before detention.
Although detention of asylum seekers or vulnerable categories is not explicitly allowed by law, in practice several exceptions have been reported concerning unaccompanied children and victims of trafficking. This is due to the lack of identification of the minor age of the person, or of their status of victim of trafficking. For example, according to the 2023 annual report issued by the Jesuit Migrant Service, 2 children were identified as minors in CIEs, being 10 the presumed children that underwent age assessment procedures while in detention.[3] It also reported that 1 person was identified as being a victim of trafficking.
Nonetheless, when they are identified as minors or victims of trafficking while they are in detention, they are released and handled to the competent protection systems. In addition, applicants such as pregnant women or persons requiring assistance may be exempted from the border procedure and admitted to the territory in specific cases.
[1] Article 62(4) Aliens Act.
[2] Article 62-bis(1)(i) Aliens Act. The part of this provision, referring to the need for CIE to guarantee family unity, has been set aside by the Supreme Court: Tribunal Supremo, Application 373/2014, 10 February 2015.
[3] Servicio Jesuita a Migrantes, ‘Informe CIE 2022.Diferencias que generan desigualdad’, June 2023, available here.