Recently, the Dutch parliament has passed a motion from the Ministry of Immigration Affairs to implement stricter refugee asylum laws. The lack of asylum capacity has led to the Amsterdam city government rejecting Ukrainian refugees for the first time. The situation of immigration and asylum can be described as chaotic, with asylum seekers not being promptly accommodated, and both local governments and residents complaining incessantly.
On March 7, the Dutch parliament approved three asylum reform bills proposed by Minister of Asylum and Immigration, Marjolein Faber. These reforms include introducing a two-tier system for asylum seekers, abolishing permanent asylum permits, and imposing stricter rules on family reunification.
According to reports, the two-tier system will classify asylum seekers based on the likelihood of receiving asylum protection. The first category includes people seeking asylum due to reasons such as war, while the second category consists of those seeking asylum for political persecution or religious reasons. The abolishment of permanent asylum permits means refugees can no longer stay indefinitely, and their status will be periodically reviewed based on the situation in their home country. Restrictions on family reunification aim to limit the number of family members of refugees already in the Netherlands.
Faber stated that these measures are intended to reduce the number of new asylum seekers entering the Netherlands and their families and ensure that recognized refugees return to their own countries when conditions improve. She emphasized, “This way, we can relieve the pressure on immigration and naturalization services (IND), asylum facilities, housing, healthcare, and education departments.”
Faber had earlier attempted to reduce the number of asylum seekers through emergency legislation but faced resistance from the parliament, particularly the Senate. Despite this, she expressed confidence in the new measures, stating, “I believe we are improving our system and progressing toward our goals. If necessary, we will adjust as required.”
She announced an additional expenditure of 1.15 billion euros for implementing the new asylum laws. However, the Council of State criticized her plan, demanding clarification on the financial status of implementing agencies such as the Immigration and Naturalization Service (IND) and proof of the effectiveness of these measures. Faber stated that she would not change any content of the legislative proposal, including the explanatory notes providing reasons behind the legislation and its enforcement.
Furthermore, Faber is amending a law concerning informing asylum seekers of their rejected applications. She plans to abolish this procedure, leaving asylum seekers with only the option to appeal their decisions in court without the opportunity to raise concerns directly with the immigration authorities.
These three bills have drawn criticism from legal experts, the judiciary, and the Council of State, who believe that certain aspects may conflict with international obligations. Human rights groups and lawyers are concerned about the impact of the legislation on the rights of asylum seekers and refugees. National Ombudsman Reinier van Zutphen and children’s Ombudsman Margrite Kalverboer have also criticized the government, stating that ignoring experts’ recommendations will have disastrous consequences for society. The time required to process asylum applications will increase, resulting in additional workload for immigration authorities and Central Agency for the Reception of Asylum Seekers (COA). This is particularly unfair to children seeking asylum.
In recent weeks, the Amsterdam city government has rejected dozens of Ukrainian asylum applications. The city government cited a lack of only 35 asylum locations nationwide as the reason for not being able to refer these rejected asylum applicants elsewhere. Councilor Rutger Groot Wassink warned that the severe shortage of asylum facilities across the country is a responsibility that Faber and the Ministry of Immigration Affairs should address. He stated, “The Netherlands cannot accommodate any refugees from Ukraine. We are powerless.”
He further added that asylum seekers are not only abandoned and left to fate but also face difficulties in accessing education, healthcare, and employment due to being unable to register in the Personal Records Database (BRP). “Then they will disappear from our sight.”
However, the central government has not sufficiently assisted local authorities, but instead reduced subsidies. For instance, the government reduced the amount received by local authorities for hosting Ukrainian refugees per bed per day from 61 euros to 44 euros.
In fact, the Dutch Municipal Council raised concerns with the government about the asylum issue of Ukrainians at the end of last year. The four major cities in the Netherlands – Amsterdam, The Hague, Rotterdam, and Utrecht – expressed concerns in a letter to parliament members about the lack of governance in the asylum application system. Other human rights organizations, such as the Red Cross, reported that around 400 Ukrainians contacted them seeking assistance in February this year, double the number of previous months, with no signs of slowing down. Among the refugees received by the Red Cross, many had to sleep on the streets due to lack of accommodation, while some were temporarily staying in cars.
Additionally, due to local resistance, many local authorities have canceled plans to expand asylum centers. According to reports from The Telegraph, at least 20 local authorities delayed or withdrew announced asylum center plans in recent months. Although the cabinet does not favor mandatory construction of asylum centers, the current situation is dire, with facilities overcrowded, and some hotels being used as temporary shelters.
For example, in the city of Leiden in the Utrecht province, plans to establish a 200-person asylum center near Elstert were canceled due to local protests. Resident Jan Scheffer expressed dissatisfaction, stating that the city government did not inform local residents in advance or seek their opinions before suddenly presenting them with a detailed plan. He questioned the fairness of constructing a shelter for refugees quickly, while many local residents have been unable to purchase homes for years.
Reportedly, Scheffer and dozens of villagers gathered over 2,800 signatures opposing the plan, with around 80% of Elstert adults against it. Subsequently, the City Council of Leiden decided to retract the proposal.
These have been viewed as successful outcomes for the local residents but pose significant setbacks for the Central Agency for the Reception of Asylum Seekers. For years, the agency has been striving to address overcrowding issues in asylum centers, necessitating the drafting of the Asylum Allocation Act. In January this year, due to the lack of available asylum spaces, the agency had to accommodate ten thousand asylum seekers in expensive hotels. A spokesperson stated that they would soon be unable to bear the costs, leading to a worsening situation.