A/72/173 (f) Laws, policies and practices that criminalize undocumented migration are abolished and replaced by legislation and regulations that qualify undocumented entry as an administrative rather than a criminal offence (g) International cooperation is reduced with regard to immigration policies of externalization, according to which migrants are prevented from moving on and obliged to remain in countries of transit in which their rights are not respected, and all international cooperation on immigration policies includes the strengthening of the national human rights systems and institutions of co untries of origin and transit (h) Returns are decided after following a strict procedure in which the migrant is duly represented, has access to appropriate legal assistance and interpretation services and has an effective opportunity to explain why a re turn would not be in respect of his or her rights (i) Reintegration programmes are provided for migrants who are returned to their countries of origin (j) Disaggregated data on all aspects of border management, including return of migrants, is collected and analysed Goal 4. End the use of detention as a border management and deterrence tool against migrants Rationale 57. It is a worrying trend that immigration detention is extensively used as a border management and deterrence tool against migrants and too often as a means to prevent their access to justice. In line with international human rights law, freedom must be the default position and detention the exception, used only as a measure of last resort. Detention must be reasonable, necessary, proportionate, decided on a case-by-case basis and enforced for the shortest possible period of time. Administrative detention can be justified only if an individual presents a danger to the public or risks absconding when his or her presence is necessary in further proceedings, and such determinations must be made individually and on the basis of evidence. Furthermore, when detention becomes a routine measure of border enforcement, it may be, per se, arbitrary insofar as it is neither an exceptional measure of last resort nor based upon a meaningful individualized assessment of risk. 58. The increasing practice of migration detention is not automatically accompanied by assurances of legal guarantees and basic human rights protection for detainees. The access of migrants to justice is severely hampered by a failure to guarantee appropriate detention safeguards for vulnerable individuals and access to proper legal representation, legal aid, consular services, interpretation and translation services and effective remedies. 59. The impact of prolonged detention, coupled with the frequently inhumane detention conditions (namely, overcrowding, unsanitary personal hygiene facilities and kitchens and insufficient access to health care, family members, lawyers, international or civil society organizations and physical and recreational activities), has a devastating effect on the physical and mental health of migrants. Long periods of immigration detention can also lead to sustained barriers to the ability of migrants to claim their economic and social rights, even after having been released. 60. Unaccompanied migrant children and families with children must never be detained for reasons relating to their administrative immigration status. The detention of children, even for short periods, can have severe psychological consequences for their development. The Committee on the Rights of the Child and 17-12223 17/26

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