The Dutch House of Representatives has approved a proposal to include the criminalization of illegal stay in the Asylum Emergency Measures Act. The vote, which saw 72 members in favor and 69 against, was supported by PVV, VVD, BBB, SGP, Forum for Democracy, and JA21.

Despite this approval, the criminalization of illegal stay is not yet guaranteed, as the final vote on the Asylum Emergency Measures Act is scheduled for Thursday. This vote will also include a decision on the reintroduction of the two-status system for refugees.

Last week, during a debate on the laws, both PVV and CDA hesitated to confirm their voting intentions. A proposal by PVV to immediately withdraw the Distribution Act failed to pass. Additionally, a PVV amendment requiring asylum seekers to sign an “anti-Sharia declaration” was also rejected.

The CDA’s opposition to criminalizing illegal stay complicates their potential support for the Asylum Emergency Measures Act. The CDA’s position is critical in the Senate, especially since the former coalition lacks a majority and needs to seek broader support for the laws initiated by the departed PVV minister.

The Law introducing the two-status system, which differentiates between refugees fearing personal persecution and those receiving subsidiary protection, also requires CDA’s support. Subsidiary protected persons receive a lower status, with the expectation of eventual return to their country of origin when safe, and face fewer opportunities for family reunification.

CDA leader Henri Bontenbal conditioned his support for the two-status system on its simultaneous implementation with the European asylum and migration pact, slated to take effect on June 12, 2026. His amendment to prevent the law from taking effect before this date was unsuccessful, despite concerns that the immigration service IND could not manage two major system changes in rapid succession.

Acting minister Mona Keijzer (BBB) attempted to address Bontenbal’s concerns in a letter, suggesting a phased entry into force, but this did not fully reassure him. Keijzer, along with ministers David van Weel (VVD) and Eddy van Hijum (NSC), has assumed Faber’s portfolio.

Keijzer warned that delaying the bill’s full implementation, in conjunction with measures in neighboring countries, could lead to increased secondary migration flows to the Netherlands. This refers to stringent measures announced by countries like Germany, Belgium, and Austria, and now requires the CDA to reconsider its stance.