Criminalization of illegal immigration closer: CDA supports asylum law reform

It will become a criminal offense to stay in the Netherlands without residence permits. The CDA supports this measure, likely helping the Emergency Asylum Measures Act gain a majority in the Senate. According to Asylum Minister David van Weel, there will be “no crackdown on undocumented immigrants.” Future coalition partner D66 remains opposed.

After a lengthy debate, CDA MP Bart van den Brink put an end to the tension on Monday: his party will vote in favor of the much-discussed reform law that criminalizes undocumented immigration but excludes assistance to undocumented immigrants. The CDA previously considered the latter measure too great an obstacle to voting in favor of the Emergency Asylum Measures Act.

Now that the law has been removed from the provision that serving a cup of soup to undocumented immigrants can also be punishable, there is a good chance that the CDA will help the law, proposed by former Asylum Minister Marjolein Faber (PVV), gain a majority in the Senate.

Tightening Up

Last summer, at the initiative of the PVV, the criminalization of undocumented immigrants unexpectedly became part of the Emergency Asylum Measures Act, a stricter asylum law that, among other things, stipulates the abolition of permanent residence permits and the shortening of asylum procedures. Geert Wilders’ party wants to use the tightening of the law to criminalize all people without valid documents, but according to Van Weel, the law only applies to a limited group of “100 to 300 cases per year.”

Based on rulings by European judges, the cabinet believes only people who have been told to leave, have already completed their return procedure, but do not cooperate with their return journey will be criminalized. Van Weel insists there will be “no manhunt” for undocumented immigrants.

The PVV’s tightening of the law in July also proved to have an undesirable side effect: assisting undocumented immigrants could also become a criminal offense. Parliament subsequently forced the cabinet to amend the law. The House of Representatives spent the entire day on Monday discussing the amending law. The law will remove the criminalization of assisting undocumented immigrants.

Noise

Legal experts doubt whether prosecution is now completely ruled out, but Van Weel is adamant. “I’ll try to put it as clearly as possible: no form of assistance will be punishable. Nothing.” According to the VVD minister, “an enormous amount of commotion has arisen.”

Although the PVV often stated that it would not tolerate any amendments to the Emergency Asylum Measures Act, MP Marina Vondeling appears to agree with the remedial legislation – even though her party felt it was “not necessary.” “But we’re not going to thwart that criminalization now.”

That the CDA is now agreeing to the criminalization of illegal residence surprised left-wing parties. Party leader Henri Bontenbal emphasized this summer the importance of enforceable laws that are carefully drafted, as pointed out by CU MP Ceder and MP Christine Teunissen of the Party for the Animals. The reparations act also drew considerable criticism from implementing organizations, the police, and the judiciary.

Limited Scope

According to Van den Brink, however, “many implementation problems” are eliminated by the law’s limited scope. “This is a form of criminalization that the CDA has long advocated for: before the elections, during the elections, and after the elections.”

The Christian Union made a final attempt to completely remove the criminalization of illegal residence from the asylum law, but without CDA support, there is no parliamentary majority for this. Potential future coalition partner D66, however, supports the CU proposal.

D66 MP Jan Paternotte criticized the “polishing up” of last summer’s parliamentary “botched work.” Now, in the week before the Christmas holidays, the reparations act must once again be passed “with great haste” by Parliament. “History is repeating itself.”