Detention of Foreign Nationals in Iceland
Reviewed by the Commoner Law Editorial Team. Sourced from Icelandic Acts of the Althingi, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Immigration detention in Iceland is subject to strict time limits and judicial oversight:
- Identity clarification (Section 29): Police custody up to 24 hours without judicial decision. Can be extended up to 12 weeks by judicial decision.
- Removal enforcement (Section 33): Detention by judicial decision for up to 6 weeks (42 days).
- Judicial oversight: All detention beyond 24 hours requires a judicial decision.
- You may challenge the lawfulness of detention in court at any time.
Procedural safeguards: Right to legal counsel (free legal aid), information sheets on rights provided at airports, and interpretation services available.
Note: Iceland has no dedicated immigration detention centres — detainees are held in criminal prisons, a practice criticised by the European Committee for the Prevention of Torture (CPT).
When does it apply?
- You are a foreign national detained for identity verification or pending removal.
What to Do If You Are Detained by Immigration Authorities in Iceland
- Request a lawyer immediately — free legal aid is provided.
- Ask to see the judicial decision authorising your detention.
- You can challenge your detention in court at any time.
What should you NOT do?
- Don't waive your right to a lawyer — legal aid is free and essential.
- Don't sign documents you don't understand — request an interpreter.
Common Questions
How long can Icelandic police hold me without a judicial decision?
Up to 24 hours for identity clarification under section 29 of Lög nr. 80/2016. Any longer detention requires a judicial decision. Identity-clarification detention can be extended up to 12 weeks by judicial decision; removal-enforcement detention (section 33) can last up to 6 weeks (42 days).
Do I get a lawyer in Icelandic immigration detention?
Yes — free legal aid is available. Information sheets on your rights are provided at airports, and interpretation services are available. Request a lawyer immediately, and ask to see the judicial decision authorising your detention. You can challenge the lawfulness of detention in court at any time.
Where are Icelandic immigration detainees held?
In criminal prisons — Iceland has no dedicated immigration detention centres. This practice has been criticised by the European Committee for the Prevention of Torture (CPT). Do not sign documents you don't understand — request an interpreter and a lawyer before signing anything.
When does it apply — detention of foreign nationals?
You are a foreign national detained for identity verification or pending removal.
What should I do if I have been detained by immigration authorities in Iceland?
Request a lawyer immediately — free legal aid is provided.Ask to see the judicial decision authorising your detention.You can challenge your detention in court at any time.
What should you NOT do — detention of foreign nationals?
Don't waive your right to a lawyer — legal aid is free and essential.Don't sign documents you don't understand — request an interpreter.