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.
\nShould this legislation be enacted:
\nResidence permits will be reduced from 5 years to 3 years.
\nTemporary asylum permits will be re-evaluated every 3 years.
\nRefugees will be categorized into two groups:
\nGroup 1: Those at risk due to ethnicity, religion, or sexual orientation.
\nGroup 2: Those fleeing war or natural disasters.
\nRefugees in the second group will be granted fewer rights and will be subject to faster return procedures.<\/p>\n
Asylum Emergency Measures Act<\/strong> I. Evaluation<\/strong><\/p>\n If enacted, this legislation would result in: II. Legal Assessment<\/strong><\/p>\n Violations of Dutch Law: III. Violations of the European Convention on Human Rights (ECHR) and International Law<\/strong> Conclusie<\/strong><\/p>\n 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. Stichting Justice and Human Rights<\/strong><\/p>\n\n\n <\/p>","protected":false},"excerpt":{"rendered":" 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…<\/p>","protected":false},"author":5,"featured_media":70096,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"give_campaign_id":0,"footnotes":""},"categories":[300],"tags":[367,313,327,314,365],"class_list":["post-2197","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-activities","tag-refugees","tag-human-dignity","tag-integration","tag-justice-and-human-rights","tag-solidarity"],"_links":{"self":[{"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/posts\/2197","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/comments?post=2197"}],"version-history":[{"count":2,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/posts\/2197\/revisions"}],"predecessor-version":[{"id":70047,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/posts\/2197\/revisions\/70047"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/media\/70096"}],"wp:attachment":[{"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/media?parent=2197"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/categories?post=2197"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jushr.org\/nl\/wp-json\/wp\/v2\/tags?post=2197"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nKey provisions include:
\nReduction of asylum residence permits from 5 to 3 years.
\nComplete abolition of permanent residency for asylum seekers.
\nProhibition of family reunification for adult children and unmarried partners.
\nFollowing a proposal by the Freedom Party (PVV), illegal residence will become a punishable criminal offense.<\/p>\n
\nSignificant barriers to language acquisition and integration for the vast majority of asylum seekers.
\nLegal uncertainty due to the absence of a specified implementation date, potentially affecting past rights and undermining integration prospects for those already granted residence.
\nWasted investments by municipalities in language training, vocational education, and housing integration, with a risk of irreversible exclusion decisions post-enactment.
\nFinancial insecurity for both asylum seekers and businesses, as uncertainties over legal status would hinder installment-based purchases, subscriptions, or starting a business.
\nEducational instability for children arriving through family reunification, with unclear prospects for continuing their education beyond the 3-year permit duration.<\/p>\n
\nAbolition of the intention procedure (voorneemprocedure): Eliminates the right to be heard, violating the principle of fair trial and impartiality, foundational in Dutch administrative law.
\nTermination of permanent asylum status: Undermines legal predictability and weakens the legal basis for long-term integration.
\nElimination of priority access to social housing: Undermines access to housing for vulnerable individuals and contradicts the principles of the social welfare state.<\/p>\n
\nRestrictions on family reunification amount to arbitrary interference with family life, in violation of Article 8 ECHR.
\nElimination of permanent residence undermines legal certainty, contrary to both Dutch and EU law.
\nCriminalization of illegal residence violates protections under the 1951 Geneva Convention and Articles 3 and 5 of the ECHR.
\nExclusion through culpability testing could result in refoulement to countries where individuals face inhumane treatment, violating Article 3 ECHR.
\nExpansion of “undesirable persons” status opens the door to arbitrary detention and expulsion, violating Article 5 ECHR.
\nAbolishing the intention procedure removes the right to defense and fair proceedings, in breach of Article 6 ECHR and the EU Charter of Fundamental Rights.<\/p>\n
\nThe adoption of this legislation would seriously undermine the rule of law and the Netherlands\u2019 international legal obligations. It also poses a threat to the country\u2019s humanitarian values and social cohesion.
\nWe 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.
\nSincerely,<\/p>\n