Aliens’ detention or a less intrusive measure
Aliens who are no longer allowed to remain in the Netherlands are responsible for their own departure. If they make no effort to leave independently, the authorities may decide to place them in aliens’ detention. In practice, this decision is made by an assistant public prosecutor of the Aliens Police. This measure may only be used (a) if there is good reason
to assume that the alien withdraws from government supervision during the departure procedure and (b) if there is an actual chance of departure. In addition, due to its serious nature, the measure may only be imposed or continue in effect if there are no alternatives of a less far-reaching nature. In other words, aliens’ detention is a measure of last resort.
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