Administrative Detention Center (CRA)

Verified 26 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

House arrest and detention of asylum seekers

Published on 23 July 2024

Several decrees implementing the law no. 2024-42 of 26 january 2024 modify the information contained in this card.

Decree No. 2024-799 of July 2, 2024 amends contentious procedures.

Decree No. 2024-808 of 5 July 2024 changes the number of hits.

Decree No. 2024-813 of July 8, 2024 lays down the conditions for the asylum seeker to be placed under house arrest and to be detained.

The Service-Public.fr team is currently updating this page.

Administrative detention allows a foreigner who is subject to a removal order to be kept in a secure facility (administrative detention center), pending his or her forcible removal. Retention is decided by the administration. It can be extended by the judge when the immediate departure of the foreigner is impossible. It is limited to 90 days (except in the case of terrorist activities). What's the procedure? What are the rights of the foreigner held in administrative detention? We present you with the information you need to know.

Administrative detention consists in keeping a foreigner in a secure place who cannot leave France immediately.

It may not be held for more than 48 hours. However, in some cases, the detention measure may be extended.

These places are:

  • Administrative Detention Center (CRA), guarded by the police
  • Holding room usually located in a police station

You may be detained if you have a risk of absconding in relation to the execution of one of the decisions the following you are subject to:

Conduct threatening public order may be regarded as constituting a risk of absconding.

You may also be subject to administrative detention if you are:

  • You did not leave France within 7 days after the end of a 1er detention.
  • You did not leave France within 48 hours after the end of a 1er detention, and there were some developments in your situation.
  • You came back to France despite a removal order

A minor foreigner may not pitch be detained.

Warning  

This procedure does not concern a foreigner who is a national of European countrynor the members of his family living in France with him.

The initial decision to detain may be followed by a decision to extend detention

Initial decision to place a person in administrative detention

The initial decision can be made in different situations.

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Detention decision after police arrest

The initial decision to detain is taken by the prefect. It takes into account your vulnerability and any disability. Its duration is 48 hours.

It takes place after your arrest by the police (possibly as a result of a deduction for verification of the right of residence).

It is a written and reasoned decision. It must be yours notified.

Decision to detain after a period of imprisonment

The initial decision to detain is taken by the prefect. It takes into account your vulnerability and any disability. Its duration is 48 hours.

It takes place at the end of your imprisonment.

It is a written and reasoned decision. It must be yours notified.

FYI  

If you have already been detained, the new detention decision must be made at least 7 days after the end of your previous detention. This period may be reduced to 48 hours in the event of new developments in your situation.

1st extension

If your removal has not been possible within 48 hours of your detention, it may be extended for one further periodre times of 28 free days.

The prefect must then seize the liberty and detention judge (JLD). The judge has 48 hours to rule. He's auditioning you (or your lawyer if you have one). The prefect is also being interviewed. An interpreter may be present.

The judge may extend or refuse the extension.

It may also decide, in exceptional circumstances, that you will be under house arrest.

2nd overtime

The prefect can ask the JLD for a 2e extension of 30 free days in the following cases:

  • Absolute urgency (e.g. risk of leakage)
  • Threat to public order
  • Cannot return in the following cases:
    • Loss or willful destruction of your passport, concealment of your identity or obstruction of your removal
    • Pass that was not issued by the consulate of your country of origin
    • Lack of means of transport

The judge may order an extension of detention or refuse it.

Please note

Exceptionally, the detention of a foreigner inadmissible for terrorism or under an expulsion order for terrorist activities may be extended for 1 month. Further extensions may be made for up to 18 months.

Additional extensions

The prefect may ask the JLD for a further extension of 15 free days if, within the last 15 days of retention, you are in any of the following situations:

  • Obstruction of the removal order
  • Submission of an application for protection against removal for the sole purpose of preventing removal because of your medical condition
  • Submission of an asylum application
  • Failure to execute the removal order due to the failure of your consulate to issue the travel documents (this must be done quickly)
  • In case of absolute urgency or threat to public order

The application shall be made before the end of the 30-day period.

An extension of 15 free days can be requested from the JLD if, within the last 15 days of detention, you have compromised the implementation of the removal order for the same reasons, or in case of an absolute emergency or a threat to public order.

Retention may therefore last 90 days in total (or up to 210 days in the case of terrorist activities).

When you are placed in administrative detention, you have a number of rights.

Right to information

As soon as you arrive in detention, you receive a document reminding you of all your rights.

This document must be translated by an interpreter if you request it.

Right to legal assistance

You have the right to a lawyer as soon as you arrive in detention.

Who shall I contact

FYI  

You can request to benefit from legal aid to pay your lawyer.

Right to see a doctor

You can ask to be examined by a doctor in the medical unit of the detention center.

If necessary, he will ensure your medical care during the detention.

Right to communicate with the outside world

You can freely communicate with the outside.

You can receive visits at the scheduled times of the place of detention.

In particular, you have the right to communicate with your relatives and the consulate of your country of origin.

The detention center must have an open-access phone for 50 detained foreigners.

Entitlement to administrative assistance

Officers of theOfii: titleContent The on-site staff can provide you with information and help you prepare for your departure (baggage collection, administrative formalities, etc.).

You can also ask the OFII officers for an assessment of your vulnerability. It may be supplemented by the doctor of the medical unit of the detention center.

The results of this evaluation may lead the Ofii officer and the doctor to formulate an opinion regarding the adaptation of the conditions of your detention.

This notice may also cover your continued detention if it is incompatible with your vulnerability.

Right to assistance from associations

Some associations provide legal services in detention facilities.

These associations help foreigners during the removal process.

The presence of a single legal office shall be permitted per detention center or premises.

Other associations may intervene to defend the rights of foreigners or for medical or social assistance.

These associations must be individually approved. It is granted by the prefect for a period of 3 years.

You can challenge the decision to detain the prefect and the orders made by the Judge of Liberty and Detention (JLD).

Appeal against the decision of the Prefect

You can challenge the decision to detain you with the JLD within 48 hours.

Appeals against JLD orders

You can challenge the ordinance of the Judge of Liberties and Detention (JLD) before the 1er president of the court of appeal.

The call must be made within 24 hours of:

  • Delivered the order (its announcement by the JLD), if you were present at the hearing,
  • Notification of the order, if you were absent.

If this period ends on a Saturday, Sunday or public holiday, it shall be extended until the next working day.

The 1er the president of the court of appeal must give a ruling within 48 hours of the referral.

The appeal is not suspensive: you remain in detention during the proceedings.

Who shall I contact

Please note

You can also enter the JLD at any time to request your release if new circumstances arise that require the end of your detention.

Cassation

The Order of 1er president of the court of appeal may be the subject of an appeal appeal in cassation.