The municipality of Eindhoven, like the municipalities of Amsterdam, Groningen and Utrecht, calls on the Senate to vote against the criminalization of illegal residence. The municipalities are concerned about the feasibility of the law by municipalities and the police. They also fear the consequences of the law for children, vulnerable residents and care providers.
On April 14, the Senate will debate the Emergency Asylum Measures Act, which includes the criminalization of illegal stay. The municipalities fear that the proposed criminalization could lead to undocumented people avoiding contact with authorities for fear of punishment. This can have serious consequences for their children, who will no longer have access to education, care and youth care.
Afraid that offering help is punishable after all
In addition, municipalities and aid organizations may find themselves in a vulnerable position if they provide assistance to undocumented migrants. According to the law, they then provide assistance to people who commit a crime and may therefore be accomplices. The new asylum law contains a piece of text that rules out complicity in this case.
However, the Council of State already warned in August 2025 that this construction does not fit in with current criminal law. According to the municipalities, legal certainty for care providers is passed on to the judiciary with this law, and that should “never be the intention”.
Other organizations are also concerned
In March, several church leaders called on the Senate not to criminalize illegal stay. According to them, the proposed laws violate human dignity. Dozens of other organizations, including the Red Cross, various government inspectorates and the Dutch Bar Association, also expressed their concerns about the plans.
