Dutch minister rewrites bill: Helping undocumented migrants not a crime

The Dutch government will adjust its plan to criminalize illegal residence to make clear that helping undocumented migrants will not be punishable, asylum minister David van Weel said Monday, according to RTL.

“Every form of assistance will no longer be punishable, only the illegality itself,” Van Weel said. He added that the revision was meant to draw “a clear boundary” to avoid judges having to decide in each case whether help was given out of humanitarian motives or for other reasons.

The amendment follows advice from the Raad van State and is reportedly aimed at securing enough support for the legislation in the Eerste Kamer. Without the change, the bill risked failing because several parties refused to back it if humanitarian aid could be prosecuted.

The Tweede Kamer approved the criminalization of illegal stay earlier this year. But only afterward did it become clear that the original text could also make those offering help to undocumented migrants liable to prosecution. That revelation triggered criticism and forced the government to revise the bill.

The amendment will be open for a two-week consultation period for stakeholders to comment. It will then be sent back to the Raad van State for review before returning to the Tweede Kamer.

Van Weel acknowledged that getting the measure passed before the chamber begins its election recess on Oct. 3 is “a very ambitious goal.”