Dutch police warn criminalizing illegal stay will harm public safety and trust
The Dutch police have issued a strong warning about new asylum legislation that would make illegal stay a criminal offense, saying the measures could damage public safety and erode trust in law enforcement.
In a statement Friday, police officials said there are “major concerns” about the feasibility, scope and effectiveness of the criminalization proposal. They argued that the legislation suggests “every illegal foreign national is a nuisance or engages in criminal behavior,” an image the police said they “do not recognize.”
Police fear the law will create a cycle in which undocumented people who cannot leave the Netherlands will end up repeatedly detained without any realistic prospect of returning to their countries of origin. According to a spokesperson, this would also leave them more exposed to crime, either as victims or perpetrators.
The legislation, which passed the Tweede Kamer Thursday, reduces the residence permit period from five to three years. Temporary asylum permits will be re-evaluated every three years, and family reunification procedures will become more restrictive.
The law introduces a two-tier asylum system that differentiates between people fleeing persecution for reasons such as ethnicity, religion or sexual orientation, and those escaping war or natural disasters. People in the latter group are expected to return sooner and will have fewer rights.
The most controversial element, however, is the provision that makes illegal stay punishable. Anyone residing without valid papers can be prosecuted, and people who help them risk penalties as well. The police said this could prevent undocumented migrants from seeking help, reporting crimes or filing complaints out of fear of being arrested.
Law enforcement officials stressed that in addition to upholding the rule of law, they have “a legal duty to assist those in need.” They called the consequences for public order and policing “undesirable and unworkable,” and said there is considerable doubt that criminalizing illegal stay would “actually improve livability, safety and societal stability in the Netherlands.”
The provision criminalizing assistance was added to the legislation at the last moment by the PVV and, according to the police, was never properly debated. To secure the support of the NSC and SGP parties, demissionary Minister Van Weel of Asylum and Migration agreed that this part of the law will not take effect until the Raad van State has issued an opinion.
That review is expected to address questions such as whether people will still be allowed to offer a bowl of soup to an undocumented migrant or help someone who is sick.
The police said it was appropriate that the Raad van State would evaluate the measure, given its far-reaching impact. “Because criminalizing illegal stay has enormous societal consequences, a thorough consultation and feasibility assessment are needed,” the statement said.
