On 13 October 2026, the First Chamber of the Dutch States General approved two laws on the return and detention of foreign nationals. The measures change rules on detention and restrictions on liberty, allow some foreign nationals to be designated undesirable and abolish court-imposed fines on the Immigration and Naturalisation Service (IND) for missing deadlines to decide asylum applications.
The Return and Detention of Foreign Nationals Act establishes an administrative legal basis for detention and provides alternatives. Detention is to be used only as a last resort to ensure that a foreign national who does not cooperate with return remains available for removal. The law notes that most foreign nationals leave voluntarily.
An amendment gives the director of a detention facility the power to impose a lockdown in response to serious disorder or security threats. During a lockdown, foreign nationals may be kept in their cells for up to 23 hours a day. The amendment also allows people covered by the Return Directive to be designated undesirable and adds measures for those who remain in the Netherlands despite that status.
