Van Veldhoven moves to amend the asylum law following the Council of State's signal
Justice and Asylum Minister David van Vil announced on Friday that he will make amendments to the emergency law regarding asylum to ensure that providing humanitarian assistance to undocumented migrants is not criminalized. His decision came after the Council of State warned that the current wording of the law could make even offering a bowl of soup to an undocumented person a punishable offense.
This controversial provision has sparked debate because it was introduced by the far-right Freedom Party (PVV), which sought to criminalize not only staying in the Netherlands without official papers but also any act that 'makes it possible for a person to remain illegally.' The Council of State confirmed that this goes too far and threatens to criminalize the simplest acts of compassion.
Van Veld has committed to rephrasing the amendment so that only illegal residency itself is punishable. He said, "I don't want to be vague," emphasizing that the goal was never to punish people who provide a small amount of assistance to migrants.
This clause has caused a political divide; the CDA party withdrew its support for the asylum bill because of it, while both the SGP and NSC agreed to support it only on the condition that the government seeks the opinion of the Council of State. After Van Veld's announcement, both the CDA and SGP indicated that they are now ready to support the amended package. The Freedom Party (PVV) has not yet responded, while its leader Geert Wilders previously confirmed that he would not accept any weakening of asylum measures.
The emergency asylum law includes several strict measures, including the cancellation of permanent residence permits for refugees, speeding up the deportation of rejected applicants, restricting family reunification, and introducing a two-tier system for refugees. The government says these changes are necessary to alleviate pressure on the asylum system. However, since Van Vijl's plan requires what is called a 'novelle', the law must first return to the House of Representatives before moving to the Senate. With elections scheduled for late October, it remains unclear whether the amendments can be passed in time. Van Vijl said, 'I don't know how realistic that is, but I'm in a hurry.'