Two highly controversial legislative proposals, which restrict the right to asylum, complicate family reunification, and criminalize irregular entry and those assisting such individuals, have been approved by majority vote in the Dutch House of Representatives (Tweede Kamer). These proposals, now adopted by the Senate (Eerste Kamer) as of 3 July 2025, will soon become law.
Should this legislation be enacted:
Residence permits will be reduced from 5 years to 3 years.
Temporary asylum permits will be re-evaluated every 3 years.
Refugees will be categorized into two groups:
Group 1: Those at risk due to ethnicity, religion, or sexual orientation.
Group 2: Those fleeing war or natural disasters.
Refugees in the second group will be granted fewer rights and will be subject to faster return procedures.
Asylum Emergency Measures Act
Key provisions include:
Reduction of asylum residence permits from 5 to 3 years.
Complete abolition of permanent residency for asylum seekers.
Prohibition of family reunification for adult children and unmarried partners.
Following a proposal by the Freedom Party (PVV), illegal residence will become a punishable criminal offense.
I. Evaluation
If enacted, this legislation would result in:
Significant barriers to language acquisition and integration for the vast majority of asylum seekers.
Legal uncertainty due to the absence of a specified implementation date, potentially affecting past rights and undermining integration prospects for those already granted residence.
Wasted investments by municipalities in language training, vocational education, and housing integration, with a risk of irreversible exclusion decisions post-enactment.
Financial insecurity for both asylum seekers and businesses, as uncertainties over legal status would hinder installment-based purchases, subscriptions, or starting a business.
Educational instability for children arriving through family reunification, with unclear prospects for continuing their education beyond the 3-year permit duration.
II. Legal Assessment
Violations of Dutch Law:
Abolition of the intention procedure (voorneemprocedure): Eliminates the right to be heard, violating the principle of fair trial and impartiality, foundational in Dutch administrative law.
Termination of permanent asylum status: Undermines legal predictability and weakens the legal basis for long-term integration.
Elimination of priority access to social housing: Undermines access to housing for vulnerable individuals and contradicts the principles of the social welfare state.
III. Violations of the European Convention on Human Rights (ECHR) and International Law
Restrictions on family reunification amount to arbitrary interference with family life, in violation of Article 8 ECHR.
Elimination of permanent residence undermines legal certainty, contrary to both Dutch and EU law.
Criminalization of illegal residence violates protections under the 1951 Geneva Convention and Articles 3 and 5 of the ECHR.
Exclusion through culpability testing could result in refoulement to countries where individuals face inhumane treatment, violating Article 3 ECHR.
Expansion of “undesirable persons” status opens the door to arbitrary detention and expulsion, violating Article 5 ECHR.
Abolishing the intention procedure removes the right to defense and fair proceedings, in breach of Article 6 ECHR and the EU Charter of Fundamental Rights.
Conclusion
The Netherlands has long enjoyed a global reputation as a strong constitutional democracy and a defender of human rights. Thousands of individuals seek refuge here, trusting in the rule of law and the promise of legal protection.
The adoption of this legislation would seriously undermine the rule of law and the Netherlands’ international legal obligations. It also poses a threat to the country’s humanitarian values and social cohesion.
We therefore urge the Dutch public, legislators, and international community to prevent the marginalization of thousands of refugees and the erosion of the culture of coexistence.
Sincerely,
Stichting Justice and Human Rights
