Van den Brink proposes prison sentences for migrants who block their own deportation
Foreign nationals with no right to stay who block their own expulsion could face prison under a draft law that Minister Van den Brink has put out for consultation.
Minister Van den Brink (Asylum and Migration) has put a draft law out for public consultation that would make it a criminal offence for foreign nationals without lawful residence to frustrate their return. The Wet strafbaarstelling terugkeerfrustreerders (the law criminalising return frustrators) targets people whose actions make their departure impossible. They could receive a prison sentence.
Criminal prosecution is meant as a last resort. It would only come into play when other efforts to achieve return have not led to departure and all steps in the return procedure have been taken.
At present, frustrating return can only be punishable in specific cases, for example when someone has an entry ban (inreisverbod) or has been declared undesirable (ongewenstverklaring).
The Ministry of Justice and Security says expelling people is often complex in practice, and the attitude of the person concerned is crucial. Some prevent expulsion by giving no information or incorrect information about their identity. Some third countries only take someone back if that person applies for a replacement travel document themselves. In those cases, return is only possible if the person makes the necessary effort.
“People who have no right to residence and keep frustrating their expulsion, we must be able to punish,” Van den Brink said. The bill targets the group that refuses to leave despite all efforts, he said. “Asylum policy cannot work without a credible return policy in which frustrating return is no longer accepted.”
The ministry also says the proposal has an important signalling function: frustrating return will not be accepted.