Van Weel: “If you are not allowed to stay in the Netherlands, you must leave as soon as possible. We often see that foreigners do not cooperate in their return. Therefore, we are tightening the law. This way, a foreigner can soon be required to cooperate in a conversation with an embassy for an emergency travel document. The law better aligns with reality: essential for making the return process effective and efficient.”

The law regulates that, among other things, the police and Royal Netherlands Marechaussee can detain someone longer to determine whether detention of foreigners should be imposed. They can also require the foreigner to cooperate in the return process. Furthermore, the law establishes a separate regime for foreigners in detention. Currently, these foreigners are subject to the same regime as criminal detainees. It is legally necessary for foreigners to have their own regime, as they are waiting for their expulsion and are not serving a sentence in detention like criminal detainees

Additionally, the director of the detention facility for foreigners may share information about the belongings the foreigner brings into detention under certain circumstances with the Return and Departure Service to improve and expedite the return process. This also applies to sharing information about the nationalities of visitors and phone numbers that the foreigner has called.

With the Return and Detention of Foreigners Act, the cabinet establishes a legislative package for humane detention of foreigners that can take decisive action against individuals who do not cooperate in their return.

The Return and Detention of Foreigners Act has a long history. It is important that the bill is up-to-date. Therefore, over the years, amendments have been made to the original bill. Additionally, the legislative process has previously stalled due to the fall of earlier cabinets. The fact that the amendment of this bill is now going to the House of Representatives brings the law one step closer to implementation.