Police stops and immigration detention (centro de internamiento de extranjeros)

Key rules

• Police custody: Police must release you or bring you before a judge within 72 hours.
• CIE limit: A judge must authorise detention in a CIE, and it cannot last more than 60 days.
• Lawyer and interpreter: You have the right to a lawyer, free if you cannot pay, and a free interpreter.
• Profiling: Police cannot stop you based only on your ethnic appearance.
• Documents: Carry proof of your identity and legal stay at all times.

What police can ask of you on the street

Police may ask you to show identification when they need it to prevent or investigate an offence, and for immigration control. Carry proof of who you are and that you are in Spain legally. The documents box below lists what counts for you.

Police can take you to the station to identify you only if it is impossible to do it where you are. They can keep you there only for the time strictly necessary.

A stop cannot be based only on how you look. Racial profiling is prohibited, and ethnic origin alone cannot justify a stop. If you think a stop was based on your appearance, write down the officers' badge numbers and the time and place, then ask a lawyer or a local anti-discrimination organisation how to complain.

How long police can hold you

Police can hold you for no more than 72 hours before releasing you or placing you before a judge. This also applies when the aim is expulsion. Within that time, the police must ask a judge to authorise internment in a centro de internamiento de extranjeros (CIE). The judge decides. Police cannot decide it themselves.

Detention in a CIE

A CIE is an immigration detention centre. Detention there needs a judge's authorisation and cannot last more than 60 days. It must last only as long as needed to carry out the expulsion. If the expulsion has not happened by then, you must be released.

You cannot be interned again for the same reason in the same proceeding. A new internment for a different reason, such as a different procedure, is possible. A judge supervises the CIE and oversees detainees' rights.

Your rights if you are detained

From the first moment of police detention, you have the right to:

• be told why you are detained and what your rights are;
• stay silent and not incriminate yourself;
• a lawyer, who attends your police statement. It is free if you cannot pay;
• a free interpreter;
• have a family member or a person you choose told that you are detained and where;
• have your consulate informed;
• a medical examination.

In a CIE you also have the right to information about your situation, legal and health care, and contact with NGOs, family and your consulate. You must be treated with dignity. You can complain to the supervising judge. You also have a free lawyer for the expulsion procedure and any appeals.

What to do

• Stay calm, show your documents and do not resist.
• Say clearly that you want a lawyer and an interpreter before you make any statement.
• Do not sign anything you do not understand.
• Ask the police to contact your consulate or a person you trust.

The questions below cover repeat detention and who to contact from inside a centre.

Timeline and deadlines

• Police hold you only for the time strictly necessary: from the moment of detention, never more than 72 hours

• Police must release you or place you before a judge: before the 72 hours end

• If expulsion is the aim, police ask a judge to authorise internment in a detention centre (CIE): within the same 72 hours

• The judge decides whether you go to the centre: after the police request

• Internment lasts only as long as needed to carry out the expulsion: up to 60 days

• You must be released if the expulsion has not been carried out: when the 60 days end

Documents you need

• Passport or travel document with a valid visa or authorised stay, if you are in Spain as a tourist.

• Residence card (TIE), if you are a resident. It proves both your identity and your legal stay.

• National ID card or passport, if you are an EU citizen.

Frequently asked questions

Can the police take me to the station to check my identity?

Yes, police can take you to the station to identify you, but only when they cannot do it any other way.

Can police stop me just because of how I look?

No, police cannot stop you only because of your ethnic appearance. Ethnic origin alone does not justify a stop, and Spanish and international courts have condemned stops based only on it.

Can I be put in a detention centre again for the same reason?

No, you cannot be interned again in the same proceeding. A new internment is possible only for a different reason, such as a different procedure. If the expulsion cannot be carried out in time, you must be released.

Who can I contact if I am held in a detention centre?

You can contact NGOs, your family and your consulate, and you can complain to the judge who supervises the centre.