In Türkiye, administrative detention applied to foreigners is a serious administrative measure that restricts personal liberty and can only be imposed under specific legal conditions. Administrative detention is most commonly associated with deportation procedures and involves keeping foreigners in Removal Centers.

For this reason, both the detention decision and the release process must be handled carefully and strategically with the assistance of an experienced foreigners law and deportation lawyer.

Below, we explain: What administrative detention is, In which situations it can be imposed, The legal procedures to obtain release.

What Is Administrative Detention?

Under the Law No. 6458 on Foreigners and International Protection, administrative detention is a restrictive measure applied when necessary for public security in relation to:

• entry into Türkiye,

• stay in Türkiye,

• deportation procedures.

Administrative detention is not a criminal penalty, but since it involves deprivation of liberty, it is subject to strict legal rules and periodic review.

When Can Administrative Detention Be Ordered?

According to Article 57 of Law No. 6458, administrative detention may be imposed in the following situations:

1. Use of false or misleading documents

Using forged or altered passports, visas, residence permits, or identity documents.

2. Threat to public order or public security

Connections with terrorism, organized crime, or involvement in serious criminal activities.

3. Risk of absconding

Lack of a known address, previous failure to comply with administrative orders, or behavior indicating escape risk.

4. Deportation procedures in progress

While preparing travel documents, validating citizenship information, or arranging return procedures.

5. Public health risks

Exceptional cases involving contagious disease concerns.

6. Illegal entry or exit

Crossing borders unlawfully or entering Türkiye without permission.

Duration of Administrative Detention

• The initial detention period is up to 6 months.

• If the foreigner does not cooperate or if document processing delays occur, the period can be extended another 6 months.

The total detention period cannot exceed 12 months.
Moreover, the decision must be reviewed monthly.

Challenging an Administrative Detention Decision

Yes, it is possible.

The foreigner or their lawyer may challenge the detention before the Criminal Judgeship of Peace (“Sulh Ceza Hakimliği”).
This appeal typically includes evidence showing:

• No risk of absconding,

• A stable address,

• Strong family or social ties,

• No threat to public order,

• No necessity for detention during deportation procedures.

Such appeals are reviewed promptly.

How Can a Foreigner Be Released?

Release from detention can be achieved through:

1. Legal appeal to the Criminal Judgeship

The most effective method, especially when prepared by a lawyer.

2. Administrative request to the Migration Authority

A written release request may be submitted.

3. Alternative obligations instead of detention

The judge may remove detention and impose:

• residence at a designated address,

• reporting obligations,

• bail (financial guarantee),

• electronic monitoring,

• travel restrictions.

These alternatives are valuable legal tools to secure release.

Why Is It Important to Work With a Foreigners & Deportation Lawyer?

Administrative detention directly restricts freedom and must be handled with expertise.

A lawyer provides:

• Legal analysis of the case,

• Strong appeal petitions,

• Release requests based on compliance with legal conditions,

• Applications for alternative obligations,

• Simultaneous defense against deportation decisions,

• Communication with the foreigner in the Removal Center.

Mistakes or delays can prolong detention significantly.

Conclusion

Administrative detention decisions have serious consequences and require professional legal guidance.
The correct steps significantly increase the chances of release and help protect the foreigner’s legal status in Türkiye.

Working with an experienced foreigners & deportation lawyer is essential for a fair, efficient, and effective process.

Attorney Aykut Yavuz