The Netherlands is breaking European law by locking up illegal immigrants caught in spot checks on people crossing into the country from Germany and Belgium, the Telegraaf reports on Thursday.

And the immigration ministry has been ordered to pay compensation to several illegal immigrants who were locked up after police found they did not have proper papers, court documents show.
The rulings, made by the Raad van State supreme court at the end of last year, states immigration police may only lock up illegal immigrants who have committed a crime or are suspected of doing so. And, the rulings emphasise, border checks may only be carried out if they are random, not standard controls.

Compensation
The case referred to by the Telegraaf involves a man picked up in random checks while crossing into the Netherlands from Belgium. His identity and nationality were not given. The immigration service was ordered to pay him compensation of €1,365.
According to the Telegraaf, immigration minister Gert Leers is not prepared to let the matter rest and plans to change the situation through legislation.
The Netherlands introduced open borders and abandoned passport checks when it signed up for the Schengen agreement in 1985. However, immigration police are allowed to make random spot checks on people up to three km from the border.