The Eerste Kamer, also known as the Dutch Senate, has rejected a controversial asylum law proposed by the previous government. The law, known as the Asylum Emergency Act, aimed to introduce what would have been the strictest asylum policy in the Netherlands so far.
However, while the Senate voted against the toughest measures, it did approve a separate proposal that introduces a new two-tier system for asylum seekers.
Why the Strict Asylum Law Was Rejected
The proposed “Asylum Emergency Measures Act” included several tough changes. These included shortening residence permits for refugees, reviewing temporary permits more often, and making family reunification harder.
The bill had already passed through the Tweede Kamer, the lower house of parliament. During that stage, the far-right Party for Freedom (PVV) added a highly controversial amendment: making it a criminal offense to stay in the Netherlands without proper documentation.
This change became the main reason the Senate rejected the law. Several political parties raised concerns that such a rule could have unintended consequences. For example, ordinary citizens might face criminal charges simply for helping someone without legal status.
An attempt was made to soften the measure by adding an amendment that would protect people who assist undocumented migrants. However, this proposal did not receive enough support in the Senate.
Reportedly, the PVV refused to compromise on this point, which ultimately caused the entire law to fail. As a result, former asylum minister Marjolein Faber saw her plans for a stricter asylum system collapse.
What is the Netherlands Two-Tier Asylum System
While the strict law was rejected, the Senate did approve a different measure that introduces a two-status system for asylum seekers.
Under this system, people applying for asylum will receive either an A status or a B status:
- A status is given to people fleeing persecution due to factors like religion, ethnicity, or sexual orientation.
- B status applies to people fleeing war, violence, or natural disasters.
This distinction comes with important differences in rights. Those with A status will receive stronger protection and more benefits. In contrast, B-status holders will face stricter conditions, including limited residence permits and no right to family reunification.
Family Reunification
Family reunification has been a key part of the asylum system in the Netherlands. Since 2014, at least 85,000 residence permits have been granted for this purpose, according to Statistics Netherlands.
Most of these permits have gone to people from Syria and Eritrea. On average, applicants wait around 175 days to receive their residence permits.
Among Syrian refugees in particular, about 34 percent have been able to bring family members to the Netherlands—higher than the national average.
However, changes may be coming. The platform Refugee Help has warned that the upcoming European migration rules could lead to stricter limits. These may include:
- Restricting family reunification numbers
- Excluding unmarried partners
- Preventing children aged 18 or older from joining their families
No Evidence of an “Asylum Crisis”
Despite political claims, the number of asylum applications in the Netherlands has remained relatively stable. The country receives around 30,000 applications per year, a figure that has not changed much over the past decade.
The Dutch Refugee Council has pushed back against the idea of an asylum crisis, arguing that the numbers do not support this narrative.
Political Push for Tougher Policies
Even though the strictest measures were rejected, the political debate around asylum is far from over.
Marjolein Faber, a member of the PVV, has repeatedly called for tougher policies aimed at reducing the number of asylum seekers and increasing returns. The government had also proposed additional bills to tighten asylum rules further.
In the end, lawmakers rejected the most controversial elements, especially the criminalization of undocumented migrants, but moved forward with the two-tier asylum system as a compromise.
Files from: Umer Rasib and NL Times, and infomigrants