The Privatization of Control over Labour Migration in the Netherlands: In Whose Interest?

Abstract

Migration control has become subject to 'privatization' and is more often than not in the form of internal control, such as for example with employer sanctions. This privatization has taken place through coercive and permissive state action. Coercive state action is the implementation of employer sanctions. It is demonstrated how the drive for efficiency and the consequences of the implementation of employer sanctions in the Netherlands in the sphere of private law create a disaggregation between the state and society. In addition to their influence on contracts and civil law suits, employer sanctions in the Netherlands have created a system of private policing. Another form of privatization is the more permissive form of state action entailing the approval by the state of certain employers. These employers are entitled to fast-track and simple procedures, mainly for highly skilled migrant workers, in exchange for acts of migration control. The question is in whose interest these privatizations are taking place. It is argued that the consequences of privatization, however efficient it may be, may in the end not necessarily be in the interest of the nation-state.

Towards a Decent Labour Market for Low-Waged Migrant Workers

“…52 A. , 'Marktordening via het werkgeversbegrip van de Wet Arbeid Vreemdelingen', SMA. 53 T. de Lange (2011), 'The Privatization of Control over Labour Migration in the Netherlands: In Whose Interest?' European Journal of Migration and Law,13(2).…”

“…6 and 13 ESD. 70 T. de Lange (2011), 'De verborgen schat van artikel 23 WAV' Journaal Vreemdelingenrecht 1(4). 71 A. Sommarribas, R. Petry, and B. Nienaber (2017), Illegal employment of third-country nationals in the European Union, EMN Synthesis Report.…”

“…Parliamentary Documents II 2003/04, 29523, p. 3. 4 A. Bloch et al (2015, 'Employer sanctions: The impact of workplace raids and f ines on undocumented migrants and ethnic enclave' CSP 35(1); T. de Lange (2011), 'De verborgen schat van artikel 23 WAV', Journaal Vreemdelingenrecht 1(4). 5 By irregular migrants, we mean third-country nationals without a valid Dutch residence permit.…”

The Palgrave Handbook of International Labour Migration

“…Politically, however, the situation is different, as politicians keep pushing for stricter migration policies in a bid to promote domestic employment and migration-restrictive policies (De Lange, 2012). It was essential to Nigeria that irregular migrants should be encouraged to return voluntarily to their country of origin.…”

“…In addition, the Spanish government does not carry out the employment process, it is the Spanish employers. De Lange has noted that employers create the necessary environment for the supply or demand of migrant labour (De Lange, 2012). In most cases, the opinions of the private sector and the employers are not sought.…”