Dutch Parliament expected to pass law criminalizing undocumented residency
The Dutch Tweede Kamer appears poised to approve a legislative amendment that would criminalize illegal stay in the Netherlands while explicitly ensuring that people assisting undocumented migrants are not prosecuted, NOS reported. The vote could mark a significant step toward stricter asylum enforcement, even as the chamber prepares to go on recess after Thursday.
The proposal, a “novelle” introduced by caretaker Minister Van Weel, comes after a narrow parliamentary majority last summer unexpectedly supported a PVV motion to make illegal stay punishable under the asylum emergency law. The intention was to speed up deportations of undocumented migrants.
However, concerns arose that aid to illegal residents could also become a criminal offense, prompting opposition from the CDA, NSC, and SGP. The CDA withdrew support, while others requested additional advice. As a result, stricter asylum legislation, which already has broader backing, remained on hold.
Van Weel’s amendment clarifies that “participation in this offense, other than as the offender, is not punishable.” The provision is designed to protect individuals and community organizations providing assistance. CDA lawmakers said they could accept the compromise.
PVV support appears secure despite minor reservations. PVV lawmaker Vondeling stated, “I would prefer that helping people without papers is also punishable, but criminalizing illegal stay is so important that I will vote for this adjustment.”
If approved by the Tweede Kamer, the amendment must still pass the Eerste Kamer. The Eerste Kamer’s last sitting before recess is Tuesday, while the Tweede Kamer will be on break after Thursday, with past sessions running late, sometimes into the early morning hours.
Opposition parties remain critical. GroenLinks-PvdA lawmaker Westerveld said the bill “is flawed on all sides” and “was rushed through the chamber without preparation.”
D66’s Paternotte warned of practical complications, describing potential effects as “a dog chasing its own tail and then biting itself.”
Several key institutions, including the Dutch Association of Municipalities, the police, the bar association, the Immigration and Naturalization Service (IND), and the Council for the Judiciary, have expressed concern about increased workload and implementation challenges. The Repatriation and Departure Service (DT&V) anticipates legal disputes could divert personnel from actual deportations.
Van Weel downplayed fears of mass enforcement actions, stating that the police will not conduct “large-scale operations” or “sweeps” and describing the measure as “an extra tool for those who must return to their country.” He emphasized that success will “not be measured by the number of prosecutions.”
ChristenUnie lawmaker Ceder criticized the lack of clarity on critical details, including how many people would be affected, available prison capacity, and the impact on agencies. “After a full day of debate, the Tweede Kamer is not able to assess the measure’s real effectiveness,” he said.
