Dutch Churches Challenge Criminalisation of Illegal Stay in New Asylum Laws
Netherlands, 17 March 2026
Catholic and Protestant leaders unite in unprecedented opposition to proposed legislation that would make illegal residence a criminal offence. Bishop Gerard de Korte and Protestant Church scriba Kees van Ekris warn the asylum law changes threaten fundamental human dignity and democratic values. The controversial measures would reduce residence permits from five to three years and restrict family reunification rights. Church leaders argue criminalising illegal stay undermines core Christian principles of welcoming strangers and could effectively ban humanitarian aid to undocumented migrants. Their joint letter to Senate members represents rare direct church intervention in Dutch legislative processes, reflecting deep concern about societal hardening towards asylum seekers.
Open Letter Signals Unprecedented Church Intervention
Bishop Gerard de Korte of ‘s-Hertogenbosch and scriba Kees van Ekris of the Protestant Church in the Netherlands published their open letter on Monday, 16 March 2026, marking an unusual direct intervention by church leaders in Dutch legislative matters [1][2]. The letter, addressed to all members of the First Chamber (Senate), expresses what the religious leaders describe as ‘undiminished major and current concerns’ about the hardening of asylum policy [1]. This coordinated response from the two largest Christian denominations in the Netherlands demonstrates the gravity with which religious communities view the proposed changes [2].
Two-Tier Asylum System and Residence Permit Reductions
The First Chamber will soon debate two legislative proposals designed to tighten Netherlands’ asylum policy significantly [1]. The first proposal, known as the ‘Wet invoering tweestatusstelsel’ (Two-Status System Implementation Act), would divide asylum seekers into two distinct categories: those fleeing persecution based on factors such as religion or sexual orientation, and those escaping war and violence [1]. Under this system, the second group would receive fewer rights and would be expected to eventually return to their countries of origin [1]. Additionally, both proposals would reduce the duration of residence permits from five years to three years, and make family reunification through the ‘nareis’ process more difficult [1].
Criminalisation of Illegal Stay Draws Strongest Opposition
The second legislative proposal, the ‘Asielnoodmaatregelenwet’ (Asylum Emergency Measures Act), includes provisions that would make illegal residence in the Netherlands a criminal offence [1]. This aspect of the legislation has drawn the strongest condemnation from church leaders, who describe having ‘serious objections’ to the criminalisation plan [1]. The religious leaders argue that such criminalisation would fundamentally undermine human dignity, which they describe as ‘an essential part of our ecclesiastical traditions’ and ‘an important pillar of our democratic constitutional state’ [1]. When the proposal was initially debated in the Second Chamber (House of Representatives) last year, it appeared that providing assistance to people illegally residing in the Netherlands would also become punishable, effectively banning the work of aid organisations and churches with this vulnerable population [1]. However, subsequent amendments to the proposal have removed this particular provision [1].
Biblical Principles Drive Religious Opposition
The church leaders ground their opposition in biblical teachings, stating: ‘From the Bible we feel called to love the stranger as ourselves’ [1]. Bishop de Korte and scriba van Ekris express concern not only about policy hardening but also about ‘the hardening of sentiment towards foreigners in our society’ [1]. The religious leaders conclude their letter by emphasising that the proposed changes ‘touch us as churches in the heart of who we are’ [1]. General Secretary of the Council of Churches, Reverend Coen Wessel, expressed hope that First Chamber members ‘will deliberate extra carefully about the legislation that lies before them’, warning that the asylum laws and particularly the criminalisation of illegal stay ‘means that a fundamental value is undermined for churches: that of the unique and inalienable value of every human being’ [2].