The asylum law is inhumane and ill-conceived, write Laura Cleton and Arjen Leerkes. Let the Senate put an end to it.
By Laura Cleton and Arjen Leerkes — Published July 5, 2025, 3:00 PM in Dutch newspaper Trouw
On Thursday evening, the Dutch House of Representatives passed the far-reaching emergency asylum legislation — thanks in part to the support of NSC and SGP. The PVV declared its support after securing a majority for its amendment to the law. As a result, both the unlawful presence of undocumented migrants and offering help to this group will become criminal offenses.
This marks a new low point in Dutch migration policy, which in 2025 is saturated with symbolic politics and has lost touch with reality. These laws — and the amendment in particular — are unjust, proven ineffective, and undermine the values on which our rule of law is based.
The idea of criminalizing unlawful residence is not new, and it is useful to summarize the earlier objections. For example, in the coalition agreement of the Rutte II government, the VVD and PvdA agreed to penalize unlawful residence with fines or detention. However, in May 2014, this was ultimately withdrawn — for reasons that are still valid today.
Humanitarian and Legal Objections
First, there are humanitarian and legal objections — voiced for years by civil society organizations, churches, mayors, and human rights groups. The Netherlands Institute for Human Rights warned that criminalization would violate fundamental rights of undocumented people, such as access to education for minors, medical care, and legal assistance.
Multiple studies conducted by universities, research agencies, and the WODC (Research and Documentation Centre) show that criminalization exacerbates problems — not only for the undocumented themselves, but also for their Dutch partners, children, and parents, and for Dutch society and local authorities, who are already suffering from the failed policies of the now outgoing cabinet.
The Association of Dutch Municipalities previously stated that criminalization would further marginalize undocumented people, causing them to avoid government agencies, schools, and healthcare providers. This could also put public health and safety under pressure. Criminalizing humanitarian aid to this group is therefore both immoral and unwise.
Criminalization Is Also Ineffective
The Council of State already questioned in 2014 whether this would actually promote the return of undocumented migrants. It emphasized that the focus of policy should remain on administrative departure, whereby someone arranges their own return — preferably voluntarily, and only forcibly as a last resort. This week, criminalization was added to the law during chaotic debates, bypassing the usual legislative process in which the Council of State is asked for advice.
Detention Has Limited Effect
In 2013, criminalization was proposed in the form of fines or detention. Since fines are often uncollectible from undocumented migrants, detention would remain the primary option — even though the judicial system is already heavily overburdened. Research shows that detention has limited impact on the willingness of undocumented people to return to their country of origin — which is supposedly the goal of this amendment.
Whether someone is actually deported largely depends on cooperation with countries of origin — which could become even more difficult due to further criminalization. Criminalization does not remove the well-known obstacles in the return process and may even worsen them: limited cooperation from certain origin countries, unsafe conditions in countries of return, and reintegration challenges after return.
Migration brings many positive things and enriches our society — but also poses challenges. This makes migration policy a balancing act, a complex weighing of values and interests. It is the task of politicians to keep emphasizing this, rather than giving in to simplistic populist symbolism. It is now up to the Senate to take a stand on the new asylum laws — including the amendment passed by the House of Representatives that criminalizes unlawful residence. Stop recycling policies that are proven to be ineffective and inhumane.
“Criminalization may actually increase the obstacles in the return process.”
— Laura Cleton is a postdoctoral researcher at Erasmus University Rotterdam
— Arjen Leerkes is a professor in Maastricht and associate professor at Erasmus University Rotterdam