This ad hoc query examines which alternatives to detention are most commonly used, especially for families with children, and how the effectiveness of the alternatives to detention is assessed. It further analyses which elements (indicators, statements, etc.) are taken into account before imposing an alternative to detention and what challenges are faced in this matter.

The Court of Justice of the European Union (CJEU) has clarified that detention centres holding applicants for international protection under the border procedure do not need to be located at the external border of a Member State. It also confirmed that continued detention after the expiry of the border procedure time limit may be permissible under certain conditions. The judgment further addresses the validity of procedural steps taken during the border procedure and reiterates key safeguards under EU law.

On 21 and 22 May 2025, the European Migration Network’s Return Experts Group (EMN REG) convened a two-day workshop, hosted by the Belgian Immigration Office and EMN Belgium. The event brought together 50 participants from EU Member States, EU agencies (including Frontex and the EU Asylum Agency), civil society organisations, and international organisations. The workshop focused on the development and implementation of effective alternatives to detention (ATDs) within the EU’s migration and return systems.

The European Commission has released a proposal for a regulation establishing a common system for the return of third-country nationals staying illegally in the Union. The new rules introduce, among other things, stronger obligations for returnees and the legal possibility of returning individuals who are illegally staying in the EU and have received a final return decision to a return hub in a third country. The European Parliament and the Council of the EU must now examine and negotiate the proposal.