At our law firm, we are dedicated to providing expert guidance and support for those facing detention and deportation. With experience in handling these complex cases, our attorneys are here to answer your questions, file appeals, and help block a deportation.

The law in Curaçao allows for the detention of foreign nationals who are in the country illegally but not due to criminal behavior. The Minister of Justice orders this detention to maintain public order and security. It’s only applied if the individual poses a threat to public peace, order, or morals or if there is a fear they will evade removal or deportation.

The principle of proportionality must be followed to ensure fairness. This means that detention should only happen if lighter measures, like reporting obligations or surrendering a passport, can’t achieve the same results. The detention may be necessary if the foreign national intends to hide, refuses to cooperate in establishing their identity, has evaded supervision, has a criminal record, or provides false information.

Detention may not be necessary if the foreign national has a reliable individual or institution for their accommodation during removal proceedings, if removal is not possible due to lack of valid travel documents, if they have permanent residence and a place of living in Curaçao, or if lighter measures like reporting obligations are appropriate. There is no maximum time limit for detaining foreign nationals, but it should only last as long as needed to remove them from Curaçao.
After six months of detention, if no removal has taken place, it is assumed that there is no prospect of removal and the detention should be lifted. But, in certain circumstances, like if the foreign national intends to hide or refuses to cooperate in establishing their identity, detention may still be necessary.

Tourists who have overstayed their visit in Curaçao can be declared unwanted with the goal of removing them from the country. The declaration includes a specific time frame during which the individual is not allowed to return to Curaçao. Breaking this order is a criminal offense.