vreemdelingenbewaring

Vreemdelingenbewaring is the Dutch legal regime that governs the detention of non‑citizens who are arrested or held for immigration‑related offences. The term is derived from the Dutch word *vreemdeling*, meaning foreigner, and *bewaring*, meaning custody. The objective of the system is to maintain public order and security while ensuring that individuals who are suspected of violating immigration rules are not unlawfully deprived of their liberty.

Legally, vreemdelingenbewaring is established under the Dutch Immigration Act (Wet op de migratie). Article 45 of the Act authorises the immigration authorities and the police to detain a foreigner when authorities suspect that the individual may commit a crime, have fled, or pose a threat to the implementation of de‑portation orders. Detention is not unlimited: it must be proportionate and is subject to judicial oversight. After the initial period of 24 hours, a judge must review the circumstances and decide whether continued detention is warranted. In exceptional cases, detention can be extended to up to 30 days, provided that the court confirms the necessity for each additional day.

The rights of a detainee include the right to legal counsel, to be informed of the reasons for detention, to challenge the detention before a court, and to receive regular medical and psychological care. The Dutch judiciary has issued guidelines to prevent the use of vreemdelingenbewaring for merely facilitating deportation without underlying security concerns.

International and domestic critics argue that the practice risks violating the principle of proportionality and can amount to arbitrary restriction of liberty, especially for individuals who are not criminally charged. In 2018, the European Court of Human Rights ruled that a prolonged detention period for a non‑criminal offender in the Netherlands was unjustified, prompting the Dutch government to review its detention thresholds.

Overall, vreemdelingenbewaring reflects the balance between protecting national security and upholding human rights. Its application continues to evolve in response to legal challenges, policy changes and shifting diplomatic relations.