Dutch cities warn Senate against making illegal residence a crime
The municipalities of Amsterdam, Eindhoven, Groningen, and Utrecht are urging the Dutch Senate to vote against making illegal residence a criminal offense. The appeal comes as the Senate prepares to debate the asylum emergency measures bill on April 14, which includes the proposed criminalization.
The cities, according to the municipality of Utrecht, say they are concerned about whether the measure can be realistically enforced by local governments and police. They also warn of broader social consequences, particularly for children and vulnerable residents who may be driven further out of reach of public services.
Officials in the four municipalities argue that if undocumented people fear punishment, they may avoid contact with government agencies and support organizations altogether. In their view, the law could have serious consequences for children, including losing access to education, health care, and youth support services.
The municipalities also raise concerns about the legal position of aid workers and local organizations that assist undocumented migrants. Under the proposed law, such assistance could potentially be interpreted as helping someone commit a crime.
Although the draft legislation reportedly includes language intended to exclude complicity in these cases, the Council of State warned in August 2025 that this construction does not fit within the current criminal justice system. The municipalities argue that this shifts legal certainty for aid providers into the courts, stating the outcome "should never be the intention."
In March, leading church figures already urged the Senate not to criminalize illegal residence, arguing the proposed measures undermine human dignity. Dozens of other organizations, including the Red Cross, several government inspectorates, and the Dutch Bar Association, have also expressed concern about the plans.
