Netherlands Plans to Make Illegal Residence a Criminal Offence
The Hague, 7 May 2026
The Dutch government is preparing groundbreaking legislation that would criminalise staying in the Netherlands without legal permission, marking a dramatic shift towards stricter immigration enforcement. This controversial measure aims to tackle rejected asylum seekers who remain in the country and those frustrating deportation proceedings. The proposal emerges after the previous asylum emergency law failed in the Senate, forcing Prime Minister Jetten’s cabinet to pursue alternative routes. Minister Van den Brink is simultaneously working to restore other asylum measures, including expanded deportation powers and eliminating penalty payments to asylum seekers for delayed decisions.
Background: From Failed Emergency Law to New Strategy
This latest development follows the government’s previous attempt to implement stricter asylum policies through an emergency law, which was defeated in the Senate earlier this year. As reported in our previous coverage (https://vluchtelingen.bytes.news/243ba3f-asylum-measures-Dutch-government/), the Dutch cabinet had initially tried to expedite deportation rules through comprehensive asylum reform, but faced significant parliamentary resistance. The failure of that legislation has now prompted Minister Van den Brink to pursue a more targeted approach, working on separate bills to achieve similar objectives [1].
The Criminalisation Proposal: A Contentious Return
The proposed criminalisation of illegal residence represents the most controversial element of the government’s renewed strategy. This measure would make it a criminal offence for individuals to remain in the Netherlands without valid residence permits or permission, particularly targeting those who refuse to leave after their applications have been rejected [1]. The proposal was previously included in the failed asylum emergency law, where disagreement over this specific provision ultimately contributed to its defeat in the Senate. D66 senators had opposed the measure on principled grounds, creating the crucial opposition that prevented the law from passing [1]. Minister Van den Brink now intends to address this contentious issue through new dedicated legislation, despite the political sensitivities surrounding it [1].
Immediate Action: Expanded Deportation Powers Take Priority
While the criminalisation law moves through the drafting process, the cabinet will take immediate action on Friday, 10 May 2026, when it discusses expanding deportation powers in its weekly ministerial meeting [2]. This measure focuses on broadening the circumstances under which foreigners can be declared persona non grata, particularly those who commit crimes or cause serious disruption [1][2]. The government has chosen a faster legislative route for this change, using a ‘Nota van Wijziging’ (Note of Amendment) to modify existing legislation rather than introducing an entirely new bill [2]. This procedural choice allows for quicker implementation whilst avoiding the comprehensive debate that derailed the previous emergency law [2].
Financial Implications: Eliminating Penalty Payments
The third prong of the government’s strategy targets the substantial financial penalties currently paid to asylum seekers when decisions are delayed. In 2025, these penalty payments cost the Immigration and Naturalisation Service (IND) €79 million due to late decisions on residence permit applications [1]. The SGP political party is preparing an amendment to eliminate these financial obligations, with Minister Van den Brink actively supporting efforts to build parliamentary majority for the proposal [1]. This measure forms part of a broader effort to reduce both the financial burden on immigration services and potential incentives for prolonged application processes [2]. The timeline for implementing these changes remains dependent on parliamentary approval, though the government appears confident about securing the necessary support for at least some of these measures by the end of May 2026 [2].