PUBLICATIONS

Exclusion as Default: The Legal and Policy Dynamics Around the Production of Irregular Migration in The Netherlands

Minke Hajer, Ilse van Liempt, Anna Ensing and Maria Bruquetas

I-Claim Consortium
November 2025

How to cite:

Hajer, M., van Liempt, I., Ensing, A., & Bruquetas, M. (2025). Exclusion as Default: The Legal and Policy Dynamics Around the Production of Irregular Migration in The Netherlands. Journal of Immigrant & Refugee Studies, 1–14. https://doi.org/10.1080/15562948.2025.2581227

Exclusion as Default: The Legal and Policy Dynamics Around the Production of Irregular Migration in The Netherlands

Minke Hajer, Ilse van Liempt, Anna Ensing and Maria Bruquetas

November 2025

This paper explores the factors contributing to irregular conditions for migrants at the intersection of migration, employment, and welfare systems in the Netherlands. Through a qualitative analysis of 25 years of policy trends, supplemented with five expert interviews and case studies from the NGO Fairwork, the paper illustrates the complexities of irregular migration governance in the Netherlands. Examining the policy areas of work, healthcare, housing, juridical assistance, and financial services, the paper demonstrates how the Dutch welfare state has become a tool for migration control, normalizing exclusionary practices to such an extent that the exclusion of irregular migrants has become the default. Moreover, we demonstrate how this normalization of exclusion can cause additional layers of exclusion for irregular migrants. The exclusionary trend in the Netherlands towards irregular migrants, reflects broader neoliberal shifts in welfare policies, marginalizing irregular migrants and complicating their access to essential services and legal protections, ultimately increasing their vulnerability to exploitation.

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