You have probably heard stories about the immigration police stopping someone without residence documents, taking them to the police station, and then putting them on a plane back to their country of origin. But can the immigration police really stop someone just because they think the person is staying illegally in the Netherlands? In this blog, I explain whether this is allowed and what your rights are.
What does “being stopped” mean?
First of all, it is important to understand what “being stopped” actually means. Being stopped means that a person is approached and asked for their name and identity and/or residence documents. If the person cannot demonstrate that they are lawfully staying in the Netherlands, they may be taken to the police station for further investigation. This is called being held for questioning. The same applies if someone runs away during the interaction. In that case, the person may be taken to the police station once caught. So being stopped itself simply refers to being approached and asked for documents.
When may the immigration police stop you?
The immigration police may not stop you based on a gut feeling or a vague suspicion that you are staying illegally. There must be a justified reason. The law states that the police may only ask for your identity if there is a “reasonable suspicion of illegal residence”. This is related to the prohibition of discrimination (Article 1 of the Dutch Constitution). You cannot be stopped solely based on external characteristics such as skin colour or origin. That would be discriminatory and is explicitly not the intention of the law.
An example from practice
A real-life situation: in a neighbourhood in Maastricht, there were issues with drug-related nuisance allegedly caused by youths of North African origin. At a certain point, a person was stopped by the immigration police because he suddenly appeared from behind a wall and had a North African appearance. This is an example of discrimination and is contrary to the law.
When may the police stop you without a reasonable suspicion of illegal residence?
It is therefore not permitted to stop someone solely based on appearance or vague suspicions. However, there are situations in which it may be legitimate for the police to carry out a check. For example, if you are stopped for another reason, such as a report or a criminal investigation, and during that check it appears that you have no documents and do not speak Dutch, the police may then develop a reasonable suspicion of illegal residence.
Examples from practice
Two officers went to a boat in Amsterdam after receiving a report of a burglary. When they arrived, they saw a man leaving the boat and decided to stop him, not because of his appearance, but as part of their criminal investigation powers. When the man could not show an identity document, did not speak Dutch, and made gestures indicating he wanted to sleep on the boat, a reasonable suspicion of illegal residence arose. He was then stopped under immigration law.
Another example comes from my own practice. I once represented an elderly man who had lived illegally in the Netherlands for over 20 years but had always stayed out of trouble. One day, he was peacefully feeding ducks in a park. To his shock, he was stopped by the police. Apparently, feeding ducks was prohibited under the local by-law (APV). During the check, it turned out he had no identity documents and did not speak Dutch. He was taken to the police station and eventually deported to his country of origin. This shows how an apparently harmless situation can lead to a stop and serious consequences.
When else may the police ask for identification?
The police may only ask for identification if there is a valid reason. This is often the case if you are involved in a criminal offence, have caused a traffic accident, or if the police need your identity for an investigation.
Supervisory authorities, such as the immigration police, have similar powers. Examples of situations in which an identification check may take place include:
- A car driving around an industrial area at night, raising suspicion.
- After a shooting incident, to identify witnesses or suspects.
- Nuisance caused by groups of youths in public spaces.
- At major events such as football matches or demonstrations, to maintain public order.
- In nightlife areas where unrest occurs, to identify suspicious individuals.
What can you do if you believe you were stopped unlawfully?
Suppose the police stop you and discover that you are staying illegally in the Netherlands. You are taken to the police station, where it is decided that you must remain in immigration detention until deportation.
But you believe you were stopped unlawfully, for example because you think you were discriminated against. In that case, you can lodge an appeal with the court. The judge will assess, among other things based on the police report and your explanation, whether discrimination occurred during the stop. If the court rules that you were stopped unlawfully, you will usually be released.
Conclusion
Being stopped can be an unpleasant experience, especially if you do not understand why it is happening. The immigration police may not stop you without a valid reason. There must be a reasonable suspicion of illegal residence. Do you have questions or doubts about your rights or the way you were treated? Feel free to contact me. I am happy to help you.