What is custody pending deportation?

Innocent people in custody
Custody pending deportation means that the foreigner’s registration office or the federal police can lock somebody up before his or her deportation in order to facilitate the process of deportation. It is not a punishment but a safety measure.
In general, custody pending deportation is widely ignored but it will be extended in the next years. We have to put an end to both of this.
Putting foreigners into jail for not committing a crime, who do not want to be deported, is doubtful and against constitutional principles in general.
Therefore custody in Germany is unjust.
  • It is a disproportional act to put somebody to jail in order to simplify an administrative decision. This administrative decision is called deportation.
  • In order to put somebody into custody you need a “reasonable suspicion” that he or she might resist deportation. In practice there are several absurd and false allegations. One example was that the pure statement by the person concerned that she or he does not want to go back into their country served as sufficient reason to be put into custody.
  • Detainees in custody have to pay for their detention costs. In the city of Büren the price was 240 € per day.
  • Many refugees suffer of anxiety and depressions in custody pending deportation. They don’t know what will happen to them in the future, when they will be deported, what  they will expect in their country of origin or if, in the end, they might have the opportunity to stay in Germnay anyway. There are several (attempts of) suicides during custody.
  • The duration of custody is arbitrary. It depends on the time German and foreign offices need for preparing spare papers.
  • Generally speaking the duration of custody is 3 months and more. In the case of many countries of origin spare papers need to be organized.
  • The maximum length of custody is 1½ years: For example if the person affected (allegedly) prevents his or her deportation or if courts and authorities act or decide improperly. In the city of Büren 60% of deportees in detention are imprisoned unlawfully.
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