Dutch cabinet pushes new law to criminalize undocumented stay
The Dutch government is drafting new asylum legislation to revive controversial migration measures rejected by the Senate, while Asylum Minister Bart van den Brink told a United Nations meeting in New York that migrant return policies must become “an essential part” of international migration policy.
The cabinet plans to formally present the new measures Friday, after Prime Minister Rob Jetten pledged to unveil new national asylum proposals within two weeks of the Senate’s rejection of the emergency asylum law, Hart van Nederland reports. That deadline expires Wednesday.
According to the Ministry of Asylum and Migration, part of the failed legislation is already covered by the European migration pact set to take effect June 12, 2026. Van den Brink is now seeking to restore three measures not included in the EU pact through separate legislation.
The most contentious proposal would criminalize illegal residence in the Netherlands. The measure would allow authorities to punish people staying in the country without a valid residence permit or authorization if they refuse to leave.
Debate over that provision ultimately caused the asylum bill to fail in the Senate. The votes of all D66 senators against both the emergency asylum law and an amendment to the illegal residence provision proved decisive. The amendment would have secured a majority for the bill, but fell short by one vote.
Jetten’s D66-led cabinet now wants to reintroduce the criminalization measure through a new law to be drafted by Van den Brink.
The minister also wants to restore a proposal expanding the government’s ability to declare foreign nationals who commit crimes “undesirable.” The measure is intended to curb public nuisance and encourage deportations and voluntary returns.
The cabinet is expected to discuss the proposal during Friday’s council of ministers meeting and decide how much of the original asylum package will still move forward.
Van den Brink is also seeking to end penalty payments imposed on the Immigration and Naturalization Service, or IND, for failing to process asylum residence applications on time. The IND paid 79 million euros in such penalties last year because of delays in permit decisions.
The orthodox Protestant SGP party is expected to introduce an amendment aimed at abolishing the payments, while Van den Brink works to secure parliamentary support for the proposal.
Separately, Van den Brink said after a U.N. migration meeting in New York that international attitudes toward migrant returns are shifting. “Return must be an essential part” of migration policy, the minister said.
The Dutch government wants refugees from Syria to return as diplomatic relations with the country are gradually rebuilt following the Syrian civil war. Van den Brink said he held his first talks with Syria’s representative to the United Nations.
According to the CDA minister, Syria “wants to make agreements with Europe about the reconstruction of Syria and how return can contribute to that.”
