Police warn: Criminalizing illegal residency is a danger
The Dutch police issued a strong warning about new asylum legislation that makes illegal residency a punishable offense, warning that this step could harm public safety and lead to a erosion of trust between citizens and law enforcement agencies. The police clarified in a statement released on Friday that they have "serious concerns" about the enforceability and effectiveness of this new law, noting that the legislation suggests that "every foreigner residing illegally is a source of nuisance or engages in criminal behavior," a portrayal that the police said they "do not recognize."
The police expressed concern that the law could put those who cannot leave the Netherlands in a cycle of repeated arrests with no realistic hope of being deported to their home countries, making them more vulnerable to becoming victims of crime or participating in it. The legislation passed by the Dutch House of Representatives (Tweede Kamer) on Thursday includes reducing the residence permit duration from five years to three years, reassessing temporary asylum permits every three years, along with tightening family reunification procedures.
The law introduces a dual asylum system that distinguishes between people fleeing persecution for reasons related to race, religion, or sexual orientation, and those fleeing wars or natural disasters. The second group is expected to return to their countries more quickly, with fewer rights granted to them. However, the most controversial provision is the one that stipulates penalties for illegal residence, allowing authorities to prosecute anyone residing in the country without valid documents, and exposing those who assist them to penalties as well. The police have warned that this may drive undocumented migrants to avoid seeking help or reporting crimes for fear of arrest.
The police confirmed that they have a "legal duty to assist those in need," pointing out that the consequences of this law on public order and police work are "undesirable and unenforceable," and expressed serious doubts that criminalizing illegal residence would actually improve the quality of life, safety, or community stability in the Netherlands. A provision criminalizing assistance was added at the last minute by the PVV party, without sufficient discussion, and the interim Minister for Asylum and Immigration, "Van Wil," agreed not to activate this part of the law until the Raad van State (Council of State) issues its opinion on it.
It is expected that this opinion will discuss issues such as whether it is still permissible to serve a bowl of soup to an undocumented immigrant or to assist a sick person. The police deemed it appropriate for the State Council to evaluate this measure due to its significant social consequences, emphasizing the need for in-depth consultations and feasibility studies before proceeding.