Immigration and Asylum Minister Gerd Leers’ plans to lock up undocumented immigrants is in conflict with EU rules. This is clear from answers delivered today by the European Commission to questions put by Dutch MEPs from the SP, Green Left, Christian Union, Labour and the centrist D66. According to the rules laid out in what is known as the Returns Directive, as well as a recent ruling from the European Court of Justice, member states may not introduce any legislation limiting the freedom of undocumented migrants simply because they are in the country illegally. This demonstrates that the government’s plans to make unauthorised presence a punishable offence are impracticable.
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