Detention of Foreign Nationals
Written in plain language for general understanding. This is educational content, not legal advice. Based on Icelandic Acts of the Althingi, statutory instruments, and official guidance.
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 should you do?
- 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.
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