Schoof cabinet asylum measures

[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.

[10] 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.

[5][12] 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.

[16] 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.

[17] 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.

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.

[25][26][27] The bill was intended to tighten the asylum application procedure 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.

[32] The cabinet invoked an article of the Schengen Agreement to ramp up border checks for human trafficking and illegal migration for the duration of six months, starting on 9 December 2024, citing a high influx of asylum seekers.

[39] Contrary to the October 2024 agreement, the final version of the Asylum Emergency Measures Act included a provision allowing permanent residence permits to be obtained after five years.

Besides, Faber clarified in an explanatory note to the bill that adult children and unmarried partners of asylum seekers, excluded from family reunifications, could still enter the Netherlands under a provision of the European Convention on Human Rights.