The European Court of Justice has set the detention period for rejected asylum seekers at 18 months.
The European Court of Justice (ECJ) in Luxembourg has ruled that rejected asylum seekers cannot be detained for more than 18 months, dealing a major setback to Dutch deportation policies.
The court clarified that the 18-month limit applies to the total period of detention, preventing authorities from restarting the clock when a person’s asylum status changes. This means individuals cannot be held indefinitely while deportation efforts continue.
Following the ruling, Dutch authorities were forced to release around 30 detainees who had exceeded the time limit. Some of those held beyond 18 months received compensation of up to €8,000, highlighting the immediate impact of the judgment.
A spokesperson for asylum minister Bart van den Brink stated that deportation is now “no longer possible” for individuals who have reached the legal detention limit. Immigration agencies, including the IND (Immigratie- en Naturalisatiedienst), warned that enforcing deportations will become significantly more difficult under the new rules.
The Netherlands currently operates detention centres in Rotterdam, Zeist, and Schiphol Airport for migrants awaiting deportation. These facilities are not considered prisons, as staying in the country without permission is not a criminal offense, allowing detainees limited freedoms such as daytime movement and mobile phone use.
Legal experts and lawyers have supported the ruling, emphasizing that once the 18-month limit is reached, individuals cannot be detained again, effectively preventing their deportation. Meanwhile, the Dutch government is exploring new legislation, originally proposed by the PVV, to criminalize illegal residence, though political divisions among parties like D66, CDA, and VVD may complicate its passage.