Van Weel moves to amend asylum law after Council of State flag

Justice and asylum minister David van Weel said on Friday he will propose changes to the government’s emergency asylum law to ensure humanitarian aid to undocumented migrants is not criminalised, in the wake of a Council of State opinion.
His adjustment appears to clear the way for a majority in both houses of parliament to back the tougher asylum package, drawn up by the outgoing right-wing government.
The Council of State warned in a long-awaited opinion on Friday that even limited support, such as offering a bowl of soup, to someone without a residency permit could be classed as a criminal act.
The advisory body said this risk arose because and amendment by the far right PVV extended plans to make it a criminal offence to be in the Netherlands without proper papers to those who “make it possible that someone can remain illegally.”
“The answer from the Council of State is reason for me to adjust the amendment so that only illegal residence itself becomes punishable,” Van Weel said. “I want to avoid being vague.”
The controversial clause prompted the CDA to withdraw its support for the asylum law, while the SGP and NSC backed the bill only after the government promised to seek advice from the council.
Both the CDA and SGP said on Friday they would support the asylum package once the amendment is rewritten.
The PVV, which tabled the amendment, has not yet responded. Party leader Geert Wilders has previously said he would not accept any weakening of the asylum measures.
“I don’t think the amendment was ever meant to make a bowl of soup illegal, and I hope for understanding from all parties,” Van Weel said.
The asylum emergency law includes scrapping permanent residence permits for refugees and speeding up deportations of rejected applicants. The government says the changes are needed to relieve pressure on the asylum system. It also reduces the options for family reunions and introduces two classes of refugees.
Because Van Weel’s plan requires a so-called novelle, the amended law must return to the lower house before it can proceed in the senate. With elections due in late October, it is uncertain whether the process can be completed in time.
“I don’t know how realistic that is, but I am in a hurry,” Van Weel said.
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