The legal embedding of the assertive return policy: hard power, soft hand?

Abstract:The recent Belgian legislative reform, introducing an ‘assertive return policy’ (aanklampend terugkeerbeleid), brings notable changes to the Belgian return policy. This policy change aims to shorten detention periods and introduce ‘alternatives to detention’ such as assertive coaching (aanklampende begeleiding) and mandatory cooperation for migrants. This article critically analyzes these changes, revealing that the policy does not effectively shorten detention periods but may lead to extended detention and increased enforcement. The analysis shows that the policy operates within a continuum of increasing coercion, power and control, rather than providing genuine alternatives to detention. Additionally, it reflects how these recent developments mirror the broader trends of ‘net-widening’ as seen in the criminal justice system, where these developments extend immigration control by subjecting more people to regulatory measures and by intensifying (the amount of) control mechanisms to ensure fewer persons seep through the state’s control.

Publication year:2025

Keywords:soft deportation, voluntary return, assertive return policy, alternatives to immigration detention

Accessibility:Closed

Review status:Peer-reviewed