Four major Dutch cities — Amsterdam, Eindhoven, Groningen, and Utrecht — have issued a joint appeal to the Senate, urging lawmakers to reject plans to criminalize illegal
residence in the Netherlands. The call comes ahead of a crucial debate scheduled for April 14 on the government’s controversial asylum emergency measures bill.
Concerns over enforcement and social impact
Municipal leaders argue that turning undocumented stay into a criminal offense would be difficult to enforce in practice and could place additional strain on local authorities and police forces. Beyond logistics, they warn of deeper societal consequences.
According to officials, the proposed law risks pushing vulnerable groups — including children — further into the shadows. If undocumented migrants begin to fear arrest or prosecution, they may avoid contact with public institutions altogether, including schools, healthcare providers, and social services.
“This could effectively cut off access to essential services,” city representatives caution, highlighting the risk of children losing their right to education and basic care.
Pressure on aid organizations
Another major concern is the legal uncertainty facing organizations and individuals who support undocumented migrants. Local governments warn that providing humanitarian assistance — from shelter to legal advice — could be interpreted as aiding a criminal offense under the new law.
Although the draft legislation reportedly attempts to shield aid providers from prosecution, critics remain unconvinced. The Council of State previously warned that the legal framework underpinning this exemption does not align with the current criminal justice system.
Municipalities argue that leaving such ambiguity to be resolved in court creates unacceptable risks. “Legal certainty should not depend on future rulings,” they emphasize.
Broader opposition growing
The cities’ intervention adds to mounting opposition across Dutch society. In March, prominent church leaders publicly urged the Senate to reject the proposal, arguing it undermines human dignity and compassion.
Humanitarian organizations, including the Red Cross, as well as several government inspectorates and the Dutch Bar Association, have also raised alarms about the potential consequences of criminalization.
Migration policy in the Netherlands: a shift toward restriction
The debate reflects a broader shift in Dutch migration policy. Traditionally known for a relatively structured but pragmatic asylum system, the Netherlands has in recent years moved toward stricter controls amid rising political pressure to reduce migration flows.
Key elements of current policy trends include:
- Tightening asylum admission procedures
- Increasing deportations of rejected applicants
- Expanding temporary protection measures rather than permanent residency
- Proposals — like the current bill — aimed at discouraging irregular migration
Critics argue that these measures risk eroding the balance between border control and human rights, while supporters say stricter rules are necessary to maintain public trust and manage capacity.
As the Senate prepares for its April vote, the outcome could mark a turning point in how the Netherlands handles undocumented migrants — and how far it is willing to go in enforcing its migration policies.
For now, the message from the country’s largest cities is clear: criminalization, they argue, may create more problems than it solves.