ENGAGEMENTS
OCON Statement: Criminalising Irregular Stay and Support to Undocumented Migrants
The Dutch government is considering making irregular stay a criminal offence—a proposal previously attempted in 2003 and 2012. In response, OCON (OnderzoeksCollectief Ongedocumenteerden Nederland – Research Collective for Undocumented Migrants in the Netherlands) has issued a public statement expressing serious concerns about this initiative, which reflects a broader European trend of addressing irregular migration through repressive measures.
OCON is a national platform bringing together organisations, networks, and advocates working to promote the rights and wellbeing of undocumented migrants in the Netherlands. Our researchers Ilse van Liempt and Minke Hajer (Utrecht University) are part of this network.
In its statement, OCON emphasises that these policies fail to address real social challenges and instead deepen marginalisation. Undocumented migrants already form part of society as neighbours, classmates, family members, and workers. Criminalising their presence, as well as the assistance they receive, increases stigma and undermines fundamental human rights.
The statement warns that penalising humanitarian support, including shelter and basic services, contradicts international human rights principles and risks pushing people further into informality, leaving them vulnerable to exploitation and abuse.
OCON also questions the feasibility of enforcement, pointing to limited law enforcement capacity and the risk that victims of crime—including human trafficking or exploitation—will avoid reporting incidents out of fear of arrest.
The proposal, according to OCON, represents a symbolic but damaging step that threatens justice, solidarity, and social cohesion in Dutch society.