Asylum pilot to restrict offenders set to start with five spots and no enforcement plan

A new pilot project designed to crack down on disruptive asylum seekers begins Saturday in Ter Apel, but the program’s actual capacity is limited to just five individuals. The tougher approach, announced months ago by Dutch Minister for Asylum and Migration Marjolein Faber, is reportedly being undermined by a lack of enforcement capacity and unsettled agreements, according to several local and national officials, EenVandaag reports.

The initiative introduces a strict area ban enforced through new “process availability locations” — known in Dutch as procesbeschikbaarheidslocaties (PBL) — which place asylum seekers under freedom-restricting measures when they repeatedly cause disturbances. But despite Faber’s promises of decisive action, local authorities say the program is off to a limited and confused start.

The pilot allows for only five spots in Ter Apel, where offenders can be placed under a court-approved area ban, according to responses obtained by EenVandaag. That number contrasts sharply with the roughly 150 troublemaking asylum seekers currently identified by the municipality of Westerwolde, which includes Ter Apel.

“This is a start, but a very small one,” said VVD lawmaker Queeny Rajkowski. She submitted a motion in February demanding that by March 1, the government remove disruptive asylum seekers from the streets and place them under restrictions at these new PBL sites.

The Ministry of Justice and Security says all relevant agencies — including the Central Agency for the Reception of Asylum Seekers (COA), the Immigration and Naturalization Service (IND), and the municipality of Westerwolde — have been involved in preparations and are aware of the plans. Still, the ministry acknowledges enforcement remains an unresolved issue. “A key point of attention is enforcement of the area ban, which is still under discussion in the local safety triangle,” the ministry stated.

In a letter to the Tweede Kamer on Friday, Minister Faber wrote that the parties involved will continue talks on June 6 — five days after the pilot’s launch.

Rajkowski criticized the delay and lack of clarity. “Governing also means making clear agreements with municipalities and police. I brought this up in a previous debate with the minister. We need an enforcement plan,” she told EenVandaag. “I expect this to be in place by June 1. Because without enforcement and without police, these individuals still won’t face consequences for their actions — and that is precisely the point of this plan.”

In the letter to Parliament, Faber noted that asylum seekers placed in the PBL must stay within a designated area 24 hours a day near the main registration center in Ter Apel. The program includes a mandatory day and evening schedule, lasting until about 8:00 p.m.

But Rajkowski raised concerns that after the schedule ends, there’s little control. “Enforcement hasn’t been arranged, so after 8:00 p.m. they can just go outside and do whatever they want,” she said.

Local council member Marco Visscher, from the Westerwolde municipal party, said enforcement has so far been nonexistent. “From evening until 7:00 or 8:00 in the morning they just go outside. They technically have an area ban, but it’s not enforced,” he said.

Visscher recalled Minister Faber’s visit to Ter Apel in February, where she vowed to tackle the issue firmly. But he said that promise hasn’t been kept. “What’s really happening is that they shout loudly — Minister Faber shouts loudly that we’ll fix it and that there’s a solid approach. But then she just throws it over the fence and tells Westerwolde: good luck dealing with it.”

The new procesbeschikbaarheidsaanpak, or “process availability approach,” includes several types of monitoring options for asylum seekers who engage in serious misconduct. One option already in place is the Intensified Supervision Location (verscherpt toezichtlocatie, or VTL), which includes 40 spots, all currently occupied. People there have no movement restrictions but must report twice daily.

The new PBL sites, which officially launch June 1, are intended for asylum seekers who create medium to severe public disturbances — including shoplifting, intimidation, aggression, or violence — in COA facilities or public spaces such as downtown Ter Apel.

The pilot program will initially allow only five people to be placed under PBL restrictions, but the ministry hopes that — if capacity allows — 35 more can be added later. That would bring the total to 80 supervised spots nationwide for disruptive asylum seekers.

Visscher said he remains frustrated with the lack of readiness. “In the municipal council meeting on Wednesday evening, we were updated on the status — and it turns out we cannot even start on June 1,” he told EenVandaag. “Yet in the letter Faber sent to Parliament, she writes that another meeting is scheduled for June 6. But she still wants to begin on June 1. That means something is going terribly wrong.”

The PBL’s freedom-restricting measures are intended specifically for asylum seekers who have little chance of receiving asylum in the Netherlands. These individuals have their applications processed with priority. Those more likely to qualify are not eligible for PBL placement. Yet data from 2024 shows that this latter group has caused the most disturbances, according to official statistics.