Dutch Senate approves law expanding powers to enforce returns

The Dutch Senate has approved the Return and Immigration Detention Act, the government said on 13 October. The law is intended to give authorities stronger powers to enforce the departure of foreign nationals, although the government did not specify when the measures would take effect. [1]

Under the government’s account of the law, authorities could physically compel someone to attend a departure interview or an appointment at an embassy. A person who continued to refuse to cooperate could face up to three months in prison or a fine. [1]

The government also says declarations requiring a person to leave the Netherlands immediately and barring their return could be applied to foreign nationals covered by the European Return Directive. It cited theft and criminal proceedings following fights as examples of behaviour that could lead to such a declaration. [1]

According to the government, the law would abolish court-imposed penalty payments that can currently be ordered when the Immigration and Naturalisation Service fails to decide on an application in time. It would also give police and the Royal Netherlands Marechaussee more time to assess whether immigration detention is necessary and can be imposed. [1]