HomeAbstract of 10th-shconfAlternatives To Immigration Detention: A Systematic Literature Review of Governance and Policy Frameworks for Refugee Children in Malaysia

Alternatives To Immigration Detention: A Systematic Literature Review of Governance and Policy Frameworks for Refugee Children in Malaysia

  • Jun 11, 2026
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Abstract Book of the 10th World Conference on Social Sciences and Humanities

Year: 2026

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Alternatives To Immigration Detention: A Systematic Literature Review of Governance and Policy Frameworks for Refugee Children in Malaysia

Binti Abdul Basitt Noor Atiqah

ABSTRACT:

Immigration detention for refugee children persists, particularly in non-signatory landscape such as Malaysia. Much of the focus surrounding refugee children detention has targeted the harm the detention brought. The present article specifies to analyze the existing literature on Alternatives to Detention (ATD) framework and its adaptation in Southeast Asian non-signatory countries with focus on Malaysia, which is an ongoing challenge to the migration governance. Guided by the RepOrting Standards for Systematic Evidence Syntheses (ROSES) protocol, a systematic review of the Scopus, Web of Science, and Google Scholar databases identified 26 related studies. Four dominant themes were revealed: policy ambiguity and sovereignty-humanitarian nexus, the best interests of the child, non-state and surrogate governance, and ATDs’ governance spectrum from informal protection to carceral mobility. Findings indicate that ATD governance in Southeast Asian non-signatory states remains fragmented and shaped by the enduring tension between sovereignty and humanitarian obligations. While community-based case management and NGO-led initiatives demonstrated stronger child protection outcomes and reduced detention-related harms, state-controlled ATD frequently reproduced restrictive forms of institutional surveillance. The review further identified a structural legal vacuum, where immigration laws override child protection principles despite Malaysia’s commitments under the Convention on the Rights of the Child. It concludes that while ATD offers a viable rights-based alternative, its sustainability in Malaysia is constrained by political rationality and institutional limitations, demanding future research state-driven ATD models and accountability mechanisms.

Keywords: Asylum-Seekers; Bordering Practice; Governmentality; Migration Governance; Refugees