THE HAGUE – October 12, 2026 | The Dutch Daily
Netherlands asylum law proposal 2026: the Dutch government wants to make it a criminal offence for certain adults without lawful residence to actively obstruct their departure when that behaviour prevents a return or removal decision from being carried out. The draft Wet strafbaarstelling terugkeerfrustreerders (Act criminalising return frustrators) was opened for public consultation on 7 October 2026. It is a proposal, not a law in force. Separately, official figures show that asylum inflow in week 41 of 2026 was approximately 910 people.
Netherlands asylum law proposal 2026: quick answer
- What: a draft offence targeting certain people who actively and effectively obstruct their return or removal.
- Who: adults without lawful residence, after their applicable departure deadline has passed, where their obstruction prevents a return or removal decision from being carried out.
- Maximum penalty proposed: up to six months in prison or a second-category fine.
- Not automatic: mere unlawful residence would not, by itself, be the offence created by this draft.
- Last resort: criminal enforcement is intended only after the return process has been pursued without success because of the person’s obstructive conduct.
- Estimated caseload: an earlier estimate was 100–300 additional cases a year, but the current explanatory memorandum expects a lower number.
- Status: public consultation runs until 18 November 2026; the proposal is not yet law.
- Week 41 asylum inflow: about 910, including 590 first applications.
Contents
- 1. The new Dutch asylum law proposal in short
- 2. Why the government wants it
- 3. Who the proposal targets, and who it does not
- 4. What the law says today
- 5. How we got here: the failed emergency asylum act
- 6. Asylum figures: week 41 of 2026
- 7. What happens next
- 8. Frequently asked questions
- 🇳🇱 Dutch Corner
- Sources
1. The new Dutch asylum law proposal in short
The draft would add a new criminal provision, Article 108a, to the Dutch Aliens Act 2000 (Vreemdelingenwet 2000). It would apply to an adult who does not, or no longer, have lawful residence in the Netherlands and who, after their applicable departure deadline has passed, evades or obstructs preparations for departure or removal. The conduct must also result in a return or removal decision against that person being impossible to carry out.
Under the draft, the maximum penalty would be six months’ imprisonment or a second-category fine. That is the penalty proposed in the draft; it is not a penalty that can be imposed under this proposal while it remains a bill.
The government describes criminal law as the final step in its return policy. The proposal is intended for cases in which the return process has been pursued without success and the person’s own active obstruction prevents the return decision from being implemented. The explanatory memorandum also makes clear that the offence concerns specific obstructive conduct, not simply the fact of being in the Netherlands without lawful residence.
Read the official consultation page for the draft’s scope and status.
2. Why the government wants it
The government says that returning people who no longer have the right to stay can be difficult in practice. In some cases, a person may provide no information or incorrect information about their identity, making it harder to establish their nationality or obtain travel documents. Some countries of origin may only issue a replacement travel document if the person applies for it themselves.
In those situations, the government argues, return may depend on the individual’s cooperation. The proposed offence is intended to address cases where a person actively obstructs the process and that conduct prevents their departure or removal despite other efforts by the authorities.
Asylum and Migration Minister Bart van den Brink has presented the proposal as a way to support what the government calls a credible return policy. The government also describes it as a signal that deliberately obstructing return will not be accepted. These are the government’s stated reasons for the proposal, rather than a description of a law already in force.
3. Who the proposal targets, and who it does not
The draft is aimed at a limited group, not everyone without a residence permit. Under the proposed wording, the person must be an adult without lawful residence; their applicable departure deadline must have passed; they must evade or obstruct preparations for departure or removal; and that behaviour must prevent a return or removal decision from being carried out.
The explanatory memorandum says the current proposal is narrower than the wider criminalisation of unlawful residence that had been included in the earlier emergency asylum legislation. It also notes that the proposed provision can cover unlawfully residing EU citizens and their family members, subject to the applicable legal framework.
What about the estimate of 100–300 people a year?
During a Senate debate in April 2026, the minister referred to an estimate of 100–300 people a year in the context of the earlier asylum legislation. That figure should not be presented as a firm forecast for the current draft. The explanatory memorandum for the proposal published in October says that an earlier assessment estimated 100–300 additional cases annually, but that the number is now expected to be lower because the target group has been narrowed and EU-law conditions limit when criminal enforcement is possible.
At the time of publication, the government’s explanatory memorandum does not give a replacement exact annual figure. See the official explanatory memorandum and the NOS report on the April Senate debate.
Are victims of human trafficking excluded?
In April, the minister said that victims of human trafficking would not be targeted by the criminalisation discussed at that time. The explanatory memorandum to the current draft provides a more specific legal explanation: some vulnerable people, including victims of human trafficking and people receiving medical treatment, may have lawful residence on specific legal grounds. While a person has lawful residence on one of those grounds, the proposed offence would not apply to them on the basis of unlawful residence.
However, the memorandum says that a prosecution begun for conduct committed at a time when the person did not have lawful residence may, in some circumstances, continue. It is therefore more accurate to describe this as a protection linked to a specific lawful-residence status, rather than a blanket exemption for every possible situation.
4. What the law says today
Under current law, unlawful residence itself is not generally criminalised in the broad way proposed by the earlier emergency asylum legislation. However, unlawful stay can already have criminal consequences in specific circumstances, for example where a person stays in the Netherlands despite an applicable entry ban or an official declaration that they are an undesirable alien (ongewenstverklaring).
The new draft would broaden the circumstances in which authorities could seek criminal penalties by targeting active and effective obstruction of a return or removal process, including cases where the person has not been covered by an entry ban or an undesirability declaration. The exact conditions in the draft matter: being without lawful residence alone would not satisfy the proposed offence.
A separate measure announced by the cabinet in May 2026 concerned expanding the circumstances in which certain people could be declared undesirable more quickly, including some people who had applied for asylum and committed serious offences. According to NOS, people who then remained in the Netherlands despite such a declaration could face up to one year in prison. That is a separate measure and should not be confused with the six-month maximum proposed in the October draft on return frustrators. The May announcement is reported by NOS.
5. How we got here: the failed emergency asylum act
Criminalising unlawful residence was part of the earlier Asielnoodmaatregelenwet (Emergency Asylum Measures Act), introduced under former asylum minister Marjolein Faber. A late amendment from the PVV added a broad offence that would have criminalised unlawful residence in a much wider set of circumstances. The legislation did not pass the Senate in April 2026.
After the bill failed, the cabinet said it would pursue some of its measures through other legislative routes. In May, the government announced a proposal to expand the possibilities for declaring certain people undesirable. Criminalising people who actively frustrate their return was described as a more difficult issue and was brought forward later as a separate, narrower proposal.
The October 2026 draft is therefore a follow-up to that political debate, but it is not the same as the broader provision in the rejected emergency asylum legislation. The government says it has narrowed the scope to people whose active obstruction prevents their return or removal.
For related asylum news, read our article on Ukrainian asylum applications and the EU court ruling.
6. Asylum figures: week 41 of 2026
The Dutch government reported an asylum inflow of approximately 910 people in week 41 of 2026. The total includes first applications, repeat applications, resettlement, relocation and family members who joined people already in the Netherlands.
| Type | Number |
|---|---|
| First asylum applications | 590 |
| Family members who joined (nareizigers, excluding the relevant Article 8 ECHR category) | 240 |
| Other: repeat applications, resettlement and relocation | 80 |
| Total | about 910 |
The figures are provisional and rounded to the nearest ten, so small differences may occur. The government says the final figures and monthly trends are published by the Immigration and Naturalisation Service (IND). These weekly figures provide context for the wider asylum debate; they do not measure how many people would be prosecuted under the proposed return-frustration offence.
Source: Dutch government, 12 October 2026.
7. What happens next?
The draft law entered public consultation on 7 October 2026. The consultation is scheduled to close on 18 November 2026. During this period, members of the public and organisations can submit comments through the official consultation page.
After the consultation, the government can review the submissions and decide whether to revise the draft before taking further legislative steps. The proposal has not yet entered into force, and its wording may change.
Practical note: If you have a question about your own residence status or a return decision, consult the IND or a qualified immigration lawyer rather than relying on general news coverage or social media.
8. Frequently asked questions
Is unlawful stay itself a crime under this new proposal?
No. The draft is aimed at specific conduct: an adult without lawful residence who, after the applicable departure deadline, actively obstructs preparations for departure or removal, with the result that a return or removal decision cannot be carried out.
What is the maximum penalty?
The draft proposes a maximum of six months in prison or a second-category fine. This is a proposed penalty, not a new penalty currently in force under this draft.
How many people would be affected?
An earlier assessment estimated 100–300 additional cases a year. The explanatory memorandum for the current draft says the number is expected to be lower, but it does not provide a new exact estimate.
Are victims of human trafficking automatically exempt?
The explanatory memorandum says the offence does not apply while a person has lawful residence under certain specific legal grounds, including grounds that may apply to victims of human trafficking. It also says a prosecution for earlier conduct may sometimes continue. This is not a blanket exemption for every possible circumstance.
Is the Dutch asylum law proposal already in force?
No. It is a draft that entered public consultation on 7 October 2026. The consultation is scheduled to end on 18 November 2026.
When could the proposal become law?
There is no confirmed date for that. The draft must go through the remaining legislative process, and its text may change after consultation.
🇳🇱 Dutch Corner
| Dutch | English |
|---|---|
| De terugkeer | Return |
| De terugkeerfrustreerder | A person who obstructs their return |
| Strafbaar | Punishable by law / criminal |
| De vreemdeling | Foreign national (legal term) |
| Rechtmatig verblijf | Lawful residence |
| De uitzetting | Removal / deportation |
| Het inreisverbod | Entry ban |
| De asielinstroom | Asylum inflow |
| De internetconsultatie | Online public consultation |
Sources
- Dutch government, 7 October 2026: Minister Van den Brink presents the draft law — purpose of the proposal and the government’s explanation.
- Official public consultation: Wet strafbaarstelling terugkeerfrustreerders — draft scope, proposed penalty, status and consultation dates.
- Explanatory memorandum to the draft law — legal scope, estimate of the expected caseload and residence-status qualifications.
- Dutch government, 12 October 2026: Week 41 asylum inflow was approximately 910 — official weekly figures.
- NOS, 14 April 2026: Minister assures Senate on criminalisation — earlier political debate and the original 100–300 estimate.
- NOS, 8 May 2026: Cabinet’s first new measures after the emergency asylum bill failed — background on the separate undesirability-declaration measure.
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