The Netherlands: New Asylum and Immigration Policy Between Originality and Image. A State of Anticipation Regarding the Fate of the Laws

- Europe and Arabs
- Sunday , 22 February 2026 6:55 AM GMT
The Hague: Nour Eddine Amrani
Before the announcement of a new coalition government in the Netherlands, Dick Schöpf's government aspired to implement the strictest asylum policy ever, but it fell before it could. However, several parties remained silent on the asylum policy, including the Party for Freedom (PVV), the Liberal Party (VVD), the New Social Contract (NSC), and the Centre Party, the Peasant Citizens' Movement (BBB). So, what will become of the asylum laws and the law on the redeployment of asylum seekers?
Asylum policy was one of the most important issues on Schöpf's government's agenda. Despite its early and double collapse, the government managed to pass some of the positions that the populist party led by Geert Wilders aimed for, through its former minister, Mariolene Väerer. Väerer worked diligently to implement a strict policy towards asylum seekers, relying on fabrications to close the borders to asylum seekers and undocumented migrants and prevent them from entering the Netherlands.
The most significant legacy of former Asylum Minister Marjolene Faber is currently in the House of Representatives (the upper house of parliament). The Emergency Asylum Measures Act and the so-called Special Status Act for Asylum Seekers will be implemented "unchanged" by the new government headed by Rob Yetten.
The Emergency Asylum Measures Act stipulates, among other things, a reduction in the validity period of asylum permits and stricter rules regarding family reunification and family formation. The Two-State System Act—as its name suggests—divides asylum seekers into two groups, each subject to very strict rules.
However, the government fell before Faber's laws could reach the House of Representatives. The two resigning Asylum Ministers, David Van Ville and Mona Kaiser (Farmers' Party), were tasked with passing what was described as "the most restrictive asylum policy ever" through the House. This task did not go smoothly, mainly due to the issue of criminalizing illegal residency. The PVV, with the support of the VVD and others, managed to include this measure in the Emergency Asylum Measures Act, so much so that the law was threatened with failure in Parliament.
Van Veel was forced to send the law back to the drafting committee with a revised text, and it is now before the Supreme Council once again. Van Veel and Kaiser had hoped to defend the asylum laws themselves before the Supreme Council, but this did not materialize, partly due to the Council's busy agenda. Therefore, the task of defending these laws will fall to their successor, Bart van den Brink (CDA).
The debate on these laws is expected to be heated, although a date has not yet been set. Currently, it appears that the proponents of the laws constitute a majority.
The European Pact on Migration has received less media attention than the asylum laws drafted by Faber, but this does not diminish its significant impact. This extensive package of measures, which includes stricter border controls and the distribution of asylum seekers with high chances of success among member states, will also significantly impact Dutch policy.
Some of the measures included in Dutch asylum law align with European plans, such as the abolition of indefinite asylum permits. In cases where European regulations left room for national legislation, Dutch plans were able to fill that gap.
The Immigration and Naturalisation Service (IND) believes it can implement all the policy changes in a timely manner, although it describes this as a "significant task." The IND warns that no further amendments should be made to these laws.
However, Parliament can still propose several changes, and amendments are still possible, particularly to the law that will bring the Netherlands into line with European regulations. This law still needs to be passed by both the House of Representatives and the Supreme Council. Unlike the Faber asylum laws, Dick Schoff's government failed to implement its other favored project: the repeal of the distribution law. However, the new coalition government, led by Rob Yetten, intends to retain this highly controversial law.
The distribution law had a turbulent start under the ousted Dick Schoff government. Due to the government's repeated announcements of its intention to repeal the law, municipalities became hesitant to organize the reception of refugees. Conversely, other municipalities faced considerable hostility for developing reception plans and complained of receiving no support from the central government in The Hague.
The distribution law has had virtually no impact. Last week, the Central Agency for the Reception of Asylum Seekers (COA) announced that 147 municipalities are fully or almost fully complying with the law, 87 are partially complying, and 108 have not made any progress in this regard.
Nevertheless, the agency emphasizes the urgent need for the remaining unavailable places, as all asylum seeker centers in the country remain almost at full capacity. The registration center in Ter Apel has also been severely overcrowded for weeks. The allocation law was supposed to enter its second phase of implementation, during which the number of required places would be reassessed, and municipalities would begin working accordingly. However, the outgoing minister, Monika Kaiser, appeared unwilling to make this allocation decision shortly before the end of her term. In a letter to parliament, Kaiser wrote that asylum policy was about to change, and that it was up to her successor "to study the consequences accordingly." Notably, her staff wrote in an accompanying document that these new laws were not part of the capacity assessment. Monika Kaiser belongs to the Farmers' Party, led by Caroline van der Plass, who announced her resignation as party leader after the party's heavy losses in the last parliamentary elections. Van Meir was appointed as her successor, which caused resentment, especially since everyone expected Monika Kaiser, who wanted to lead the party, to focus on immigration and what she calls "the danger of the Islamization of Dutch society." Political analysts and media figures confirmed in their analyses that Monika wants to gain more supporters, silence the opposition, and win the "sympathy" of Dutch society by adopting Geert Wilders' plan, which failed to translate his ideas and solutions into action to stop immigration and thus close the borders to immigrants in general and Muslims in particular. As a reminder, Monika Kaiser previously represented the Christian Democratic Appeal (CDA) party in parliament and is known for her hostility towards Muslims and her very extreme views on Islam.

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