Helping illegal immigrants may become a crime in the Netherlands
The State Council expressed deep concern about the new asylum law, warning that it could criminalize even the simplest forms of assistance to illegal migrants. If the law is passed in its current form, providing food, clothing, or any basic support could be considered complicity in illegal residency.
Acting Minister of Justice David van Veel admitted that the law needs amendments. He had asked the Council of State to clarify whether providing a blanket or a sandwich could expose Dutch citizens to legal accountability. The council confirmed that even simple assistance can be classified as 'participation', stating: 'Even limited forms of support, such as providing a cup of soup, can be considered complicity.'
The council emphasized that the courts will decide on each case individually, but also warned that healthcare workers or humanitarian organizations may face criminal risks under the proposed law. This raises significant concerns about doctors, organizations, and volunteers who provide assistance to undocumented migrants.
This proposal was prompted by the far-right PVV party led by Geert Wilders, who called in June for stricter measures by making illegal residency itself a crime. The amendment proposes adding prison sentences of up to six months through changes to the 'Aliens Act of 2000' and the 'General Administrative Law'.
The Tweede Kamer, the second chamber of parliament, passed the bill in July with a majority, but the conservative Christian SGP party conditioned its support on receiving guarantees that citizens providing assistance would not be prosecuted. MP Diederik van Dijk confirmed that if the government does not make an amendment allowing people to provide humanitarian support without fear of prosecution, his party will not support the law in the Senate, where its support is crucial for obtaining a majority.