Netherlands: Targeting "illegal" migrants

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On 1 November 1994 new legislation came into force enabling registry office officials to refuse to cooperate when a fake marriage is suspected. Justice department sources say that they have made the assumption that between 510% of all marriages involving a foreign partner are fake - the new law is aimed at preventing migrants from using a marriage to acquire a residence permit. Under the new law, a declaration of approval of the Aliens Department is required for those migrants wanting to marry. The public prosecutor can block a suspected marriage or annul a marriage believed to be fake.

This new law forms part of a wider policy of intensifying domestic surveillance of migrants currently taking shape. Two new "presenting centres" at the German border in Rijsbergen and Zevenaar were opened in October. They will channel all asylum seekers through a central intake procedure: Justice department officials then establish within 24 hours whether the applicant has any chance of being granted asylum. Those rejected have to leave the country the following day. Special refugee centres are being created for those for whom return is problematic because their assumed country of origin refuses to take them back. About 10,000 rejected asylum seekers are expected to be lodged in prisonlike camps in the near future. A third intake centre (in which a selection is made between "genuine" and "chanceless" asylum seekers within 24 hours) will be opened at Schiphol airport soon.

Mobile patrols behind the borders carried out by the Koninklijke marechaussee (gendarmerie) have been intensified and around 700 new police officers are being assigned to the surveillance of foreigners throughout the country. Their priorities are: (a) criminal aliens, illegal or not; (b) aliens who disturb the peace or who otherwise cause trouble; (c) expulsion of unwanted aliens or those having been denied a legal status; (d) individuals and groups who profit from the illegal status of aliens, such as employers of illegal aliens, those providing housing, and organizations that engage in the smuggling of humans or trafficking of women; (e) aliens who in the course of investigations or controls based on other legislation come into contact with the police.

Another initiative is the introduction of a Bill, expected to be passed in early 1995, to formalise the current practice that asylum seekers coming through safe "third countries" (such as Belgium and Germany) will no longer be allowed to apply for asylum in Holland. Only a few years ago such a policy would have been unacceptable to the majority of Dutch politicians and public, now only refugee organizations and solicitors representing asylum seekers are opposed to the measure.

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