On 8 November 2023, the Secretary of State for Asylum and Migration presented a draft law that aimed to enshrine in law a proactive return policy. The draft law inter alia introduced an "obligation to cooperate" in the return process, strengthened the individual follow-up of foreigners who have been ordered to leave the territory, clarified the concept of "absconding", extended the time limit to transfer an applicant towards the Member State responsible for the examination of the application, expanded the list of competent escorts, and legally anchored the ban on retaining families with minor children in closed centers.

On 2 May 2024, the draft law was put to a vote in the Chamber of Representatives, receiving 75 votes for, 44 votes against, and 6 abstentions. Accordingly, the draft law was passed and will be subject to royal assent.

Following the vote, organisations such as "Doctors without Borders" and "Doctors of the World" reiterated concerns already voiced in November 2023 about the implementation of possibly forced medical examinations in the return process, which would amount, according to them, to “a clear violation of medical ethics”.

For further information, you can read the press release from the Secretary of State for Asylum and Migration (in Dutch only).