The Netherlands Tightens Its Grip on Immigration: What the New Detention Law Means for Asylum Seekers
The Hague, 4 June 2026
The Dutch lower house passed a law on 4 June 2026 making it significantly easier to detain rejected asylum seekers. Notably, non-compliance can now result in a three-month prison sentence.
A New Legal Framework Takes Shape
On 4 June 2026, the Dutch House of Representatives — known as the Tweede Kamer — voted to approve the Wet terugkeer en vreemdelingenbewaring, which translates as the Return and Immigration Detention Act [1]. The vote, which took place during an afternoon plenary sitting, marks a significant shift in how the Netherlands handles foreign nationals who have been ordered to leave the country but have not yet done so [2]. The law is not yet in force: it must still pass through the Senate, the Eerste Kamer, before it can take full legal effect [1].
The central purpose of the legislation, as stated by the Dutch government, is to create what it describes as a ‘solid legal basis’ for immigration detention — known in Dutch as vreemdelingenbewaring — so that individuals subject to a removal order cannot simply disappear from official oversight [1]. In Dutch policy language, ‘disappearing’ refers to a person leaving the supervision of the authorities without having departed to their country of origin, a phenomenon the government argues has undermined its ability to enforce return decisions in practice [1].
What the Law Actually Changes
The legislation introduces several concrete new powers and obligations. Perhaps the most striking is the criminalisation of non-cooperation with departure procedures. Under the new law, if a person refuses to board a transport arranged by the Dienst Vervoer & Ondersteuning (the Repatriation and Departure Service) — for instance, to attend a presentation at an embassy in preparation for removal — the authorities will have the power to compel that cooperation [1]. Should the individual continue to obstruct the process, they can be prosecuted under criminal law and face a custodial sentence of up to three months or a fine of up to €5,500 [1].
The law also expands the circumstances under which a foreign national can be declared ongewenst — meaning ‘undesirable’ — a legal status that requires immediate departure from the Netherlands and bars any future return [1]. This declaration can now be applied to a broader category of people, including those who have committed what the law terms serious criminal offences, such as assault or theft [1]. Once declared undesirable, a person is legally obliged to leave the Netherlands immediately [1].
More Time for Police Assessments — and New Oversight Debates
A further notable provision gives the police and the Royal Military Constabulary — the Koninklijke Marechaussee — additional time to assess whether immigration detention is necessary and can lawfully be imposed in a given case [1]. The government’s reasoning is that making such determinations is often highly complex and that existing timeframes have placed officers under pressure to reach conclusions before all relevant information can be gathered [1].
The legislative process has not been without debate. During parliamentary proceedings in the days leading up to the vote, opposition members Stephan van Baarle and Miriam Westerveld tabled an amendment — registered under parliamentary document number 35 501, No. 50, received on 1 June 2026 — seeking to introduce an explicit reporting obligation whenever detention facility directors make use of a so-called ‘lockdown power’ [5]. This power allows directors to temporarily restrict the freedom of movement and daily activities of detained individuals. The amendment proposed that any such use be reported without delay to the Minister and to the Inspectie Justitie en Veiligheid (the Inspectorate of Justice and Security), in the interest of independent oversight, transparency, and accountability [5]. The amendment’s proponents argued that, given the fundamental rights implications of such restrictions, adequate external scrutiny is essential [5].
The Government’s Position and the Road Ahead
Minister of Asylum and Migration G. van den Brink was unambiguous in his defence of the legislation. Speaking around the time of the vote, he stated: ‘Whoever is not allowed to stay here or behaves seriously badly must leave. And if someone does not cooperate, we will intervene. For too long, return was in practice too non-committal. With this law, we have the means to follow through.’ [1] The minister also noted that the law restores measures — including the expanded undesirability declaration and the abolition of penalty payments (dwangsommen) — that had previously lapsed following the rejection of the Emergency Asylum Measures Act [1].
The parliamentary agenda published by the Tweede Kamer confirms that the vote on the novelle — the amended version of the bill — took place on 4 June 2026 as part of the afternoon voting session [2]. The dossier for the legislation, carrying the parliamentary reference number 35 501, had been under active consideration by the standing committee on Asylum and Migration, with the minister’s assessment of proposed amendments circulated on 1 June 2026 [3]. What happens next depends on the Eerste Kamer. Until the Senate completes its own consideration and approves the law, the legislation remains a bill that has cleared one chamber but has not yet entered into legal force [1]. Anyone currently in an asylum reception centre (AZC) or otherwise subject to immigration proceedings would be well advised to consult a legal aid provider (rechtsbijstandverlener) or qualified lawyer promptly, in order to fully understand how this developing legal landscape may affect their individual situation [GPT].