Immigration detention

Detention is only allowed as a last resort

Someone without a residence permit who must leave the Netherlands can be placed in immigration detention to prevent them from evading removal. This is only allowed if no alternative is available in their individual case. This is called ultimum remedium: a last resort.

Detention must be as short as possible. The government must not hold someone for longer than is necessary to achieve the purpose of the measure. The Netherlands has three immigration detention locations: Rotterdam Detention Centre, Schiphol Detention Centre and Zeist Judicial Complex.

Detention for unlawful residence

Someone may be arrested if there are reasonable grounds to suspect that they are staying in the Netherlands unlawfully and will not leave voluntarily. Article 50 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000) allows a person to be stopped. They may then be taken to a location for questioning, where they can be held for up to six hours.

If it turns out that the person has no lawful right to stay, they may be detained pending removal. The legal grounds are set out in Article 59, 59a or 59b Vw 2000. Here too, detention must not follow automatically: it must be necessary.

The Custodial Institutions Act (Penitentiaire beginselenwet, Pbw) applies in full to this group. They are held under the communal regime provided for by that Act.

Border detention

Article 3 Vw 2000 allows entry to the Netherlands to be refused. Reasons may include:

• not having a valid travel document or a required visa;
• posing a threat to public order or national security;
• having insufficient money for the stay or onward journey;
• not meeting conditions set out in an order in council (algemene maatregel van bestuur), a government regulation.

Anyone refused entry at the border may be required to remain in border accommodation under Article 6 Vw 2000. This can also apply to someone who wishes to apply at the border for a residence permit as referred to in Article 28 Vw 2000.

In border accommodation, a person waits for a decision on their residence permit or for removal. The Border Accommodation Regime Regulations (Reglement regime grenslogies, Rrg) apply here, rather than the Custodial Institutions Act (Penitentiaire beginselenwet, Pbw). This difference mainly affects the options for making complaints.

Families and minors

Zeist has had a closed family facility (gesloten gezinsvoorziening, GGV) since 1 October 2014. It houses women, families with minor children and unaccompanied minors in immigration detention. Families have their own accommodation, and children have access to play facilities and education.

Placement is only used as a last resort and under strict conditions. Children's needs and family ties are taken into account.

Who can be placed there, and for how long?

Different maximum stays apply at the GGV:

• Families ready to leave: for detention pending removal under Article 59 or 59a Vw 2000, the maximum is generally fourteen days.
• Families in border detention: for detention under Article 6 Vw 2000 while awaiting an asylum decision, the maximum is generally thirty days.
• Unaccompanied minors: for detention pending removal under Article 59 Vw 2000, the maximum is fourteen days.

Only a limited group is placed in the GGV. After screening, most families and unaccompanied minors who apply for asylum at the external border enter the open asylum procedure in Ter Apel. Departure usually takes place voluntarily from an open family facility or other reception accommodation.

Detention is only allowed where there is demonstrable failure to cooperate with voluntary departure and a credible risk that someone will evade government supervision. At the time of placement, there is generally already a prospect of a departure date. The principle that detention is a last resort also follows from international rules on children's rights and human rights.

Reception of unaccompanied minors

Unaccompanied minors go through the same procedure as adults, but are entitled to accommodation, education, healthcare and support. They are assigned a guardian and receive supported accommodation in small-scale residential facilities run by the Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang Asielzoekers, COA). Children under 15 are placed with foster families under the responsibility of the Nidos Foundation (Stichting Nidos).

Foreign nationals in the criminal justice system

The abbreviation VRIS stands for foreign nationals in the criminal justice system (vreemdelingen in het strafrecht). These are people, with or without a lawful right to stay, who have committed a criminal offence or are suspected of doing so.

They are initially held in the regular prison system to serve their sentence or while on remand. Preparations for removal are made during that detention. In 2021, the Inspectorate of Justice and Security (Inspectie Justitie en Veiligheid) identified problems with information sharing between the organisations involved. As a result, people may remain in the Netherlands even though departure is both possible and required.

Foreign nationals subject to a TBS order with compulsory treatment

Foreign nationals subject to a hospital order with compulsory treatment (tbs met dwangverpleging) form a special group. In 2021, the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ) advised that appropriate treatment must be available. A smooth, safe return to society and return to the country of origin must also be encouraged, to prevent situations with no prospect of progress.

How long can immigration detention last?

For foreign nationals without a lawful right to stay, Article 15(5) and (6) of the Return Directive and Article 59(5) and (6) Vw 2000 set a maximum of six months. If removal takes longer despite all efforts, detention may be extended by up to twelve months. The total duration can therefore reach eighteen months.

A maximum period does not mean that detention can continue for that long without further review. The longer someone is detained, the more weight their interest in release carries. After six months, the court applies stricter scrutiny to continued detention. The starting point then is that the individual's interests generally take precedence over the general interest in removal.

Courts have accepted the following circumstances, among others, as grounds for continuing detention beyond six months:

• a declaration that the person is an undesirable foreign national (ongewenstverklaring), or a serious criminal record;
• aggressive behaviour that obstructs the actual removal;
• obstructing investigations into identity or nationality;
• residence procedures that are apparently started after detention begins in order to delay removal or the obtaining of travel documents;
• near certainty that removal will take place shortly.

Requirements for detention centres and court rulings

Article 16(1) of the Return Directive requires a specialised facility for immigration detention. If placement in a prison is nevertheless necessary, foreign nationals must be kept separate from people held under criminal law.

Rotterdam

The Council of State (Raad van State) accepted Rotterdam Detention Centre as a specialised facility. The units, walking routes and outdoor exercise yards were strictly separated. The use of the same building therefore did not breach the Directive (25 November 2020, ECLI:NL:RVS:2020:2795).

The District Court of The Hague followed this ruling, also taking into account that the waiting areas were separate (27 January 2021, ECLI:NL:RBDHA:2021:549).

Schiphol

On 29 January 2025, the Council of State (Raad van State) ruled that Schiphol Judicial Complex remained a specialised detention facility, despite additional restrictions caused by the unusually high number of arrivals in November and December 2024 (ECLI:NL:RVS:2025:258).

Following a visit to the complex, the District Court of The Hague, sitting in Amsterdam, reached a different conclusion on 31 January 2025: in its view, the prison-like character made the immigration detention unlawful (ECLI:NL:RBDHA:2025:1161).

After the minister appealed, the Council of State (Raad van State) again ruled on 26 February 2025 that Schiphol was suitable. Similarities with detention under criminal law did not alter that conclusion. The restrictions went no further than necessary for border detention and security (ECLI:NL:RVS:2025:789).

Appealing against detention

You can appeal to the district court against the deprivation of liberty itself. Article 94 Vw 2000 allows this for measures imposed under Articles 6, 6a, 58, 59, 59a and 59b Vw 2000. Under Article 69(3), there is no specific time limit for bringing this appeal.

There will also be a court review if you do not appeal yourself. The minister must notify the district court within four weeks of detention being imposed if you have not already appealed. The court assesses whether detention is legally permitted and justified after weighing all the interests involved.

You can lodge a further appeal against the district court's decision with the Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State) within one week, under Article 95 Vw 2000.

Complaints about decisions during your stay

A complaint (beklag) about the director is different from an appeal against detention itself.

Detention under Article 59 Vw 2000

Articles 60 to 68 of the Custodial Institutions Act (Penitentiaire beginselenwet, Pbw) apply in full. You can make a complaint (beklag) about any decision concerning you made by the director or someone acting on the director's behalf. You can appeal against the ruling of the complaints committee (beklagcommissie) to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) under Article 69 Pbw.

Border detention under Article 6 Vw 2000

Article 14 Rrg provides more limited grounds for making a complaint (beklag). You can complain about:

• segregation under Article 7(2)(b);
• refusal to admit a visitor;
• confiscation of objects or substances as referred to in Article 6;
• other measures concerning your stay, imposed by or on behalf of the director, that depart from statutory rules.

The Rrg does not provide for an appeal against a decision on such a complaint (beklag).

Return and Immigration Detention Act: not yet in force

The Return and Immigration Detention Bill (Wet terugkeer en vreemdelingenbewaring) was passed by the House of Representatives (Tweede Kamer) on 19 June 2018, but has not yet entered into force. It aims to create a single administrative-law system for detention within the Netherlands and border detention. The Custodial Institutions Act (Penitentiaire beginselenwet, Pbw) would cease to apply to immigration detention, and the Rrg would be repealed.

An amending bill (novelle) followed in 2020: a proposal to amend the earlier bill. It includes a revised assessment framework and a new ground for detaining foreign nationals who fall outside the European return, reception and Dublin rules referred to.

Proposed lockdown

One much-discussed element is the lockdown. Under the proposed Article 5(1), the director could impose such a measure for up to four weeks where strictly necessary for order and security. The daily programme and usual lock-up hours could be adjusted, but one hour of outdoor exercise each day would be retained.

The director would have to inform those affected immediately in language they can understand, give reasons and notify the Supervisory Committee (Commissie van Toezicht).

In September 2020, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) advised:

• requiring an explanation of why less restrictive measures are insufficient;
• initially allowing a maximum of two weeks, with a further two-week extension if necessary;
• directing the measure as far as possible at those causing the unsafe situation.

In 2020, Amnesty International, Stichting LOS/Meldpunt Vreemdelingendetentie and Doctors of the World (Dokters van de Wereld) warned against overly broad use of isolation and potentially serious psychological or physical consequences.

In 2022, a postponement of consideration was requested to allow amendments, including on coronavirus measures, privacy rules and case law. An online consultation followed in 2023. On 20 December 2024, the minister again requested a postponement, pending a revised amending bill (novelle). The proposed lockdown rules are therefore not rules currently in force under this Act.

What does this mean for you?

• Check the legal grounds for your detention. Article 6 and Article 59 Vw 2000 lead to different rules during your stay and different options for making complaints.
• Discuss alternatives and necessity with your lawyer. Detention must remain a last resort, even if the maximum period has not yet been reached.
• Distinguish between the procedures. The court reviews the deprivation of liberty; the complaints procedure (beklagprocedure) concerns decisions made during your stay.
• Pay attention to the time limit for a further appeal. You have one week to appeal against the district court's decision on detention.
• For family detention, ask about the grounds for placement and the prospects of departure. Separate conditions and short maximum stays apply to families and minors.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment