# Senate passes law ending asylum penalty payments

> The Senate passed a stricter return and detention law that ends the penalty payments to asylum seekers, allows 23-hour cell lockdowns in detention centres and makes staying despite an entry ban a crime.

Migration · published 2026-10-13 17:36 · updated 2026-10-13 19:01 · https://nlnow.nl/a/senate-votes-on-abolishing-asylum-penalty-payments/

The Eerste Kamer, the Senate, adopted the Wet terugkeer en vreemdelingenbewaring (return and immigration detention act) on Tuesday 13 October 2026, with 66 of 75 seats in favour and 8 against. One seat was absent.

**What the law changes**

- No more penalty payments to asylum seekers when the IND takes too long to decide.
- Detention centres may lock detainees in their cells for 23 hours a day during serious unrest.
- Staying in the Netherlands despite an entry ban becomes a crime that can mean prison.

When it takes effect: the date is set later by royal decree, and different parts of the law can start on different dates. No date has been announced yet.

A separate vote was held on the accompanying amending bill (novelle). It passed with 51 seats in favour and 23 against. PRO (14 seats) and OPNL (1) voted for the main bill but against the novelle. SP, Volt, the PvdD animal party and the one-seat Fractie-Visseren-Hamakers voted against both.

**How the Senate voted, 13 October**

| Vote | Seats | Groups (seats) |
|---|---|---|
| For both bills | 51 | BBB 11, VVD 9, D66 7, CDA 6, PVV 4, ChristenUnie 3, FVD 3, JA21 2, SGP 2, 50PLUS 1, Van de Sanden 1, Walenkamp 1, Beukering 1 |
| For the act, against the amending bill | 15 | PRO 14, OPNL 1 |
| Against both | 8 | SP 3, Volt 2, PvdD 2, Visseren-Hamakers 1 |
| Absent | 1 | Van Gasteren 1 |

The ChristenUnie (Christian Union) senate group, with three seats, voted in favour. It had earlier voted against abolishing the penalty payments but now saw "an opening", in line with its group in the Tweede Kamer, which has moved towards a stricter asylum policy.

## Asylum applications

Statistics Netherlands (CBS) counted 1,965 asylum applications in August 2026. The monthly total was lowest in March 2025, at 1,445, and rose to 2,865 in September 2025.

**Monthly asylum applications are lower than two years ago, after a dip in early 2025** (asylum applications per month; source: CBS)

- Sep 2024: 3085
- Oct 2024: 2890
- Nov 2024: 2460
- Dec 2024: 2255
- Jan 2025: 1785
- Feb 2025: 1670
- Mar 2025: 1445
- Apr 2025: 1670
- May 2025: 1925
- Jun 2025: 2115
- Jul 2025: 2235
- Aug 2025: 2120
- Sep 2025: 2865
- Oct 2025: 2615
- Nov 2025: 2650
- Dec 2025: 2745
- Jan 2026: 2230
- Feb 2026: 2125
- Mar 2026: 2115
- Apr 2026: 2275
- May 2026: 2305
- Jun 2026: 2005
- Jul 2026: 2025
- Aug 2026: 1965

## Background

- **Eerste Kamer**: The Senate, the upper house of the Dutch parliament. It cannot amend bills but can approve or reject them after the Tweede Kamer has passed them. Its 75 members are elected by the members of the provincial councils.
- **ChristenUnie**: The Christian Union (ChristenUnie) is a Dutch political party with a Christian basis, represented in both the Tweede Kamer (House of Representatives) and the Eerste Kamer (Senate). Its Senate group is the one whose vote on the asylum bill is discussed here. In the article, the group is described as having previously opposed scrapping the penalty payments.

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