What happens if the police or the immigration authorities stop or arrest you?
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Have you been stopped by the police or the immigration authorities? Or are you being taken to the police station? If so, you will want to know what your rights are. In this article, you can read about what might happen and what you should do.
What situations are there?
The police or
These are the three most common situations:
Checks on the street or at home: The police may stop you and ask who you are. The police may also ask to see proof of identity. They must have a reason for doing so. For example, because something has happened in the area, because they are looking for witnesses, or because they need your identity for their work. It may just be a brief check. If you do not have valid proof of identity, the police may take you to the police station to investigate who you are. If there are questions about your stay in the Netherlands, your case may then be reviewed by the immigration police. This does not automatically mean that you will immediately be placed in
Investigation by the immigration police or immigration detention: The immigration police may investigate your identity and whether you are entitled to remain in the Netherlands. This is different from a criminal case. You are not suspected of having committed a criminal offence. If it turns out that you are not allowed to remain in the Netherlands, you may sometimes be placed in immigration detention. Immigration detention is intended to ensure that you are available for departure from the Netherlands.
Arrest by the police: The police may arrest you if they believe you have committed a criminal offence. In that case, you are a suspect in a criminal case. You have certain rights. For example, you have the right to know what you are suspected of. You also have
The government also states that you can speak to a lawyer before the first interview.
What is the best thing to do?
Stay calm and do not resist physically: This will prevent the situation from getting worse. It will also make it easier for you to ask for an explanation or for help.
Ask why you are being searched or taken away: This will help you understand better what is happening and the situation you are in.
If there is anything you do not understand, say so straight away: Ask for an explanation in simple terms.
Ask for an interpreter if you do not understand the language well: This will help you understand better what is happening and what is expected of you. If you are in immigration detention, you will also be provided with an interpreter if necessary.
Ask for a lawyer if you are arrested or detained: A lawyer can explain your rights and help you. If you are held in immigration detention, you will be assigned a lawyer free of charge.
Do not sign a document if you do not understand what it says: Otherwise, you might agree to something without knowing what it means. This could affect decisions made about your situation in the future.
Let us know straight away if you are ill, need medication or need to see a doctor: This is important because your health can affect what happens next. In some cases, your departure may be postponed for medical reasons. This does not happen automatically, but is decided on a case-by-case basis.
Please also let us know straight away if you are pregnant, have children or are the sole carer for children: Additional rules may apply to children and families. If you are pregnant or have recently given birth, it may sometimes be possible to temporarily postpone your departure. Families with children may only be placed in immigration detention if departure is possible within 14 days.
What should you avoid doing?
Do not give a false name: This may be a criminal offence. It may also cause the police or authorities to have doubts about your identity. As a result, it may take longer to clarify your situation and determine what happens next.
Do not use false documents: For example, do not use a false identity card or travel document. This may be a criminal offence. It may also cause the police or authorities to have doubts about your identity. This could affect the decision made regarding your situation.
Do not say things you know are not true: What you say may later be taken into account when a decision is made about your situation. If it later turns out that the information is incorrect, the police or authorities may be less likely to believe what you say. This could affect how they assess your situation.
Do not run away, even if you are scared: If you run away, the situation could get worse more quickly. The police may then have to take stronger action to stop you. In some situations, it can also cause further problems, for example if you do not do as the police say or resist them when they want to take you in.
What happens if you are placed in immigration detention?
If you are placed in immigration detention, you will be assigned a lawyer. They can check whether the detention is lawful and take the matter to court. The court will then assess your case. According to Dutch law, an
Where can you ask for help?
Seek legal advice as soon as possible. Are you currently receiving support from an organisation, or have you done so in the past? If so, please contact that organisation as well. They may already be familiar with your situation. In some cases, an organisation can also confirm that you are a client of theirs.
Are you in immigration detention? If so, you can also contact the
Make sure you have the phone numbers of your lawyer and support organisation to hand, for example in your phone and on paper. That way, if your phone runs out of battery, gets lost or you are not allowed to use it, you will still have the numbers with you. This will enable you to ask for help more quickly.
Are you ill, pregnant or do you have children? Tell the police, the immigration authorities, your lawyer or a member of staff at the detention centre straight away. This could be important for what happens next.