Identity checks at internal land borders
Since 2015, France has re-established internal border controls (borders with another EU member state). As part of this, the French authorities have drawn up a list of checkpoints known as “authorized crossing points” at which controls can take place 24/7. This list may be modified every six months.
The police can also carry out checks within a 20-kilometer strip of the border, provided they are not systematic.
What happens during an identity check?
During an identity check, if you refuse to produce an identity document or are unable to do so, you may be taken to a police or gendarmerie station for up to 4 hours, where your identity will be verified.
If you are a foreign national, your right to reside in France may be checked.
If you are unable to produce the documents or papers attesting to your right to residency, you may be held in a police station for 24 hours from the time of the check to verify your right to residency.
What are your rights in the event of an identity check?
During an identity check, you have the following rights:
- Right to seek asylum. Report it to the police. Your application must be registered, and you cannot be pushed back.
- If you’re a minor (under 18), minority is declarative, and you don’t need to present any identity papers or documents. You must be taken into care.
Advice
- Remain calm and show your ID.
- Note the exact time of the check and ask for the reasons for the check.
- Keep a close eye on the police officers checking you and their behavior (ask them calmly for their name or number).
What are your rights in the event of detention to verify the right to stay?
While you are being held to check your right to stay, you have the right to:
- Be assisted by an interpreter.
- Be assisted by a lawyer appointed by you or a court-appointed lawyer.
- Be examined by a doctor.
- Notify your family and any other person of your choice at any time.
- Notify or have the consular authorities of your country notified.
What should I do if I am stopped at an internal land border?
Identity checks must respect the principle of non-discrimination. They must not be motivated by your physical appearance alone. If this is the case, see the section « I was a victim of violence ».
If you do not understand why you have been subject to an identity check, if you doubt the legality of the check, or if you know someone who is or has been in difficulty at an internal land border, you can contact Anafé at: contact@anafe.org.
If, following verification of your right to residency, it appears that you are not legally resident in France, you may be subject to:
- A transfer procedure to the Schengen member state through which you entered France (e.g., Italy, Spain, Germany).
- A readmission procedure to the Schengen member state through which you entered France or which issued you a residence permit or visa.
- An obligation to leave French territory (OQTF), with or without a ban on returning to French territory (IRTF).
You may also be held in an administrative detention center.
If the identity check leads to an administrative procedure (transfer, readmission, OQTF), please refer to the section « I am in France » or contact your lawyer immediately.
Since 2015, Anafé has been observing and denouncing rights violations at internal land borders: discriminatory controls, expeditious procedures, detention practices without legal framework, illegal push backs of people who have applied for asylum, and refusal to take minority into account. If you have been subjected to such practices or have observed them, you can send us your testimony.
