Section 1: Detention decision

The administrative authority may detain, for a period of forty-eight hours, a foreign national who is in one of the cases provided for in article L. 731-1 when he or she does not present effective guarantees of representation to prevent a risk of evading the enforcement of the removal decision and no other measure appears sufficient to effectively guarantee the enforcement of this decision.The risk referred to in the first…

A foreign national may only be placed or held in detention for the time strictly necessary for his or her departure. The administration shall exercise all due diligence to this end.

The decision to detain takes into account the vulnerable state and any disability of the foreign national.The motor, cognitive or psychological disability and the support needs of the foreign national are taken into account to determine the conditions of their detention.

An alien under the age of eighteen may not be detained. They may only be detained if they are accompanying a foreign national placed in detention under the conditions provided for in this article.