Dutch Court rules against detention and expulsion of immigrants at internal borders

A Dutch court has ruled that the detention and expulsion of a Ghanaian man without valid travel documents during a border control was "unlawful." The decision, made by the District Court of The Hague, has raised questions about the legality of the temporary internal border controls reintroduced by the Dutch government.

The ruling concerns a 43-year-old Ghanaian national who was trying to travel from Spain to Sweden to extend his expired residence permit. After boarding a Flixbus in the Netherlands, he was detained in Germany for one day before being sent to the Koninklijke Marechaussee (Royal Military Police), who refused him entry into the Netherlands and placed him in immigration detention. The man had hoped to extend his permit in Sweden after traveling through the Netherlands.

According to the court, individuals who are already within the Netherlands should not be expelled or detained at the internal borders between Germany and Belgium in the same manner as at the external borders, such as Schiphol Airport. The ruling states that such actions are not permissible under Dutch and European law unless the individual is at an external border.

The court’s decision comes after Dutch Asylum Minister Marjolein Faber reintroduced temporary internal border controls in late 2024. The controls, executed by the Royal Military Police, treat the borders with Germany and Belgium as if they were external borders. Minister Faber argued that these measures were necessary to address high numbers of asylum seekers, despite a decrease in asylum applications in 2024, according to government data.

The court’s ruling marks the first time a judge has addressed the legality of Faber's border control policy. Carolus Grütters, a researcher at Radboud University, criticized the policy, stating that the order given to the Koninklijke Marechaussee was fundamentally flawed. “The refusal at the internal border is simply not allowed,” Grütters said.

Faber remains confident that there are "clear legal grounds" to refuse entry to immigrants under the reintroduced internal border controls. However, the Ministry of Asylum and Migration has stated that it will not appeal the court's decision in this specific case due to the unique circumstances.

The case highlights ongoing challenges with the temporary border checks, which have caused significant frustration within the Royal Military Police. The agency has expressed concerns about limited resources and expertise, noting that only 50 additional officers have been assigned to manage the border checks. In December, the Royal Military Police stated that monitoring all 840 border crossings in the Netherlands would be a near-impossible task.

Despite the court ruling, Faber's ministry confirmed that the internal border controls would continue "as planned." A spokesperson added that they still see "clear points" to justify denying immigrants entry into the country, though they did not provide specific details.

The case of the Ghanaian man, who was effectively caught "ping-ponged" between two borders, has drawn criticism from legal experts and human rights advocates. His lawyer, Florimond Wassenaar, described the situation as a "charade," arguing that the border controls were more symbolic than effective.