News item | 08-05-2026 | 13:45
Minister Van den Brink of Asylum and Migration has submitted a memorandum of amendment to the Return and Aliens Detention Act to the House of Representatives. The change allows foreigners to be declared undesirable more quickly. The measure is part of a broader package of legislation that is being introduced after the rejection of the Emergency Asylum Measures Act by the Senate.
The declaration of undesirability is a serious measure that can be imposed on persons who have come into contact with criminal law and have committed a crime or pose a danger to public order. A declaration of undesirability obliges the person concerned to leave the Netherlands immediately and prohibits return to Dutch territory.
Residence in the Netherlands after a declaration of undesirability has been imposed is a crime. With the submitted memorandum of amendment, the government aims to ensure that the declaration of undesirability can be applied more often and that violations thereof can be punished more severely.
Minister Van den Brink: “Expanding the declaration of undesirability is a much-needed measure to tackle troublemakers and perpetrators of crimes more firmly and to increase returns. This is an important step to gain more control over migration.”
The main components of the expansion are:
- Expansion of the target group: The declaration of undesirability can now also be imposed on aliens who fall under the European Return Directive, including asylum seekers.
- Concentration of measures: It will become legally possible to impose a declaration of undesirability in addition to an entry ban. This gives the government more resources to enforce the departure of people without residence status.
- Criminal law enforcement: Foreign nationals who reside in the Netherlands despite a declaration of undesirability are punishable and may receive an unconditional prison sentence.
With this amendment to the law, we are restoring one of the measures that lapsed after the rejection of the Emergency Asylum Measures Act and is necessary to ensure greater control over migration.
