Law Library of Congress Report on Repatriation of Immigration Detainees’ Remains

The Law Library of Congress in Washington, D.C. recently published a report on the Repatriation of Immigration Detainees’ Remains.

The report looks at the rules that govern the repatriation of immigration detainees’ remains in Canada, France, Germany, Greece, Israel, Italy, Japan, Mexico, Portugal, Sweden, and the United Kingdom:

"It appears common that, in the absence of a provision such as that of the UK to cover repatriation expenses, the costs associated with repatriation are borne by the family of the foreign national or by the consulate. If repatriation does not take place, the remains of persons who die while in custody are buried or cremated in the countries where the death occurred."

"The attached jurisdictional surveys provide information on additional aspects of handling death of detainees in immigration custody. These include requirements for notification of death to family members and to foreign consulates (e.g., Canada, Japan); obligations of municipalities and regional administrations regarding burial of detainees dying within their boundaries (e.g., France, Greece, Japan, Sweden); and procedures for repatriation (e.g., Italy, Portugal). The survey on France includes information on the ability of family members of those who are detained there to request financial funeral assistance from local authorities. The Germany survey describes how foreigners who are present there and are subject to a final deportation order can receive financial assistance for their deceased relatives’ burial if they are unable to afford burial costs under conditions enumerated under the German Asylum Seekers Benefits Act."