Schoof cabinet asylum measures

In 2023 – the year before the Schoof cabinet was sworn in – around 330,000 migrants entered the Netherlands, including 38,000 first-time asylum applicants and family reunification migrants. Refugees from Ukraine, fleeing the Russian invasion, did not have to apply for asylum and totaled 110,000.^[1][2] The Bureau for Economic Policy Analysis concluded that asylum migration did not show a clear trend and was volatile; yearly totals have depended on particular conflicts.^[3] The number of first-time asylum applications in the first half of 2024 exceeded those from the same period the previous year, but fell below the previous year's levels in the third quarter.^[4]

The coalition agreement of the right-wing Schoof cabinet, struck by the PVV, VVD, NSC, and BBB in May 2024, included plans to issue a "well-substantiated" statutory instrument to suspend certain provisions of the Aliens Act and to introduce an Asylum Crisis Act without delay. It was agreed that no new asylum applications would be processed and that the Dispersal Act would be revoked.^[5][6][7] The coalition parties called their migration policy the most stringent and extensive in history.^[8] In response to questions by MEP Sophie in 't Veld, European Commissioner for Home Affairs Ylva Johansson wrote that a reasoned request would have to be submitted in order to proclaim an asylum crisis, showing that the system has become non-functional despite preparations.^[9] In late August 2024, Minister of Asylum and Migration Marjolein Faber said that the Netherlands was experiencing an asylum crisis when discussing the closure of an application center for Ukrainian refugees due to overcrowding. She clarified that her comments did not constitute an official declaration of an asylum crisis and that a bill would be finalized around Prinsjesdag, in mid-September. Prime Minister Dick Schoof remarked that more time would be required.^[5][10]

The governing agreement of the Schoof cabinet, presented on 13 September, reiterated that an asylum crisis would be declared by royal decree, bypassing initial parliamentary approval.^[11] Schoof stated that citizens were experiencing an asylum crisis but admitted he was unable to specify conditions or a timeline for its resolution.^[12] Opposition parties questioned the legal viability of invoking emergency powers, and they criticized the lack of parliamentary consultation.^[13] Nicolien van Vroonhoven (NSC) noted that her party's support was contingent on a positive advice of the Council of State.^[14] Her party joined the opposition in demanding the release of official documents related to the planned use of emergency measures during the annual General Political Debate following Prinsjesdag, referring to the parliament's right to information under Article 68 of the Constitution of the Netherlands.^[15] Documents of the Ministry of the Interior and Kingdom Relations showed that civil servants had advised against using emergency legislation, contending that the situation was unlikely to meet the threshold for exceptional circumstances.^[16] Faber insisted that she believed a crisis could still be declared.^[17] The VVD and NSC later called on the cabinet to prepare an expedited law in parallel, while Geert Wilders stressed that the cabinet would be in trouble if no emergency law would be enacted.^[18][19]

Opposition parties held a majority in the Senate, which would have to approve continuation of an emergency. On 9 October 2024, during the Senate's General Political Debate, a motion was carried declaring the use of emergency powers undesirable and urging the cabinet to propose an alternative approach.^[20] A report by the Netherlands Bar [nl] concluded the following day that "the government could not claim to have a fully-fledged rule of law" if it were to abuse emergency powers.^[21]

Schoof facilitated negotiations between the coalition parties in October 2024 to resolve their disagreements, initially inviting only the PVV and NSC.^[22] The coalition came to an agreement on 25 October, and it was adopted by the cabinet the same day. The proposed use of emergency powers was abandoned, and new legislation would be introduced to enact asylum measures, most of which were outlined in the coalition agreement, along with some additional provisions.^[23][24][25]

The asylum application procedure would be tightened through eliminating permanent residence permits, reducing the validity of five-year permits to three years, making adult children and unmarried partners ineligible for family reunification, broadening the possibilities for pronouncing convicts undesirable, and abolishing judicial penalties for the Immigration and Naturalisation Service (IND) in case procedures exceed the statutory time limit. Certain regions of Syria, responsible for the largest number of asylum seekers due to its civil war, would be declared safe. The Netherlands would reduce its commitment to take on UNHCR refugees for resettlement from 500 to 200. Furthermore, the Dispersal Act would be repealed, and border checks would start in late November with other countries of the Schengen Area. 50 to 100 additional prison cells would be allocated to hold rejected asylum seekers, and municipalities would no longer be required to house refugees whose asylum has been granted. Instead, basic housing provisions would be established.^[23][26][27]