Just days before the landmark EU Migration and Asylum Pact enters into force on June 12, 2026, Dutch authorities have suspended the examination of smartphones, laptops and tablets belonging to new asylum applicants.
According to migration services, the current practice of asking asylum seekers for permission to search their devices infringes on their rights and lacks a clear legal framework.
The move has sparked alarm among security experts who warn of reduced visibility into potential risks entering the country.
The European Pact promises stricter border controls, faster asylum processing and enhanced screening at the EU’s external frontiers.
Yet in the Netherlands, the Immigration and Naturalisation Service (IND) — which takes over initial screening from the asylum screening service (DISA) on June 12 — will no longer analyse personal electronic devices.
“This may result in the IND missing relevant security signals during the preliminary phase,” an internal IND report warned.
Both the Central Agency for the Reception of Asylum Seekers (COA) and the Repatriation and Departure Service (DT&V) anticipate receiving less complete information.
The decision follows long-standing debate over the practice. The Dutch Council of State has previously ruled that the warrantless search of smartphones constitutes a significant infringement of asylum seekers’ fundamental rights. Border officers have manually inspected arrivals’ devices since 2014, with software-based data extraction introduced after the 2015 Paris attacks, according to research by Utrecht University.
On May 28, the Inspectorate for Justice and Security further criticised the existing voluntary handover system, noting that applicants may feel pressured to comply out of fear that refusal could harm their case.
Without a solid statutory basis, any data obtained risks being inadmissible in criminal proceedings, even if it reveals evidence of weapon possession or other threats.
Security professionals have voiced strong reservations. Patrick Fluyt of the ACP police union emphasised the need to know “who exactly we are letting in”. Many arrivals come from high-risk regions, he noted, and conflicts can be imported along with individuals.
Ronald Sandee, a former Dutch Military Intelligence and Security Service (MIVD) officer and security analyst, highlighted the intelligence value of device analysis.
It can verify claimed origins, trace travel routes, identify languages used and assess the credibility of asylum narratives.
While not foolproof, experts view it as a valuable additional tool alongside other checks.
In extreme cases, it has helped detect terrorist intent or links to organisations such as Hamas, particularly relevant given the recent rise in Palestinian asylum claims in the Netherlands.
“The asylum stream has always been a method used by states and organisations to insert intelligence operatives, operators and saboteurs,” Sandee warned, citing potential actors including Russia and China. He called for urgent legislative action: “Haste is required.”
Germany and Belgium already permit the examination of electronic devices under regulated conditions, providing a potential model to follow.
Dutch asylum minister Bart van den Brink (CDA), who is also deputy prime minister, has indicated that work on new legislation is underway, but no resolution is expected before the pact’s implementation deadline.
The IND has confirmed it will not access devices until a legal basis exists, though it recognises the potential benefits for both security and supporting genuine protection claims.
The Dutch Senate approved the national law implementing the pact on May 26, clearing the way for the new rules to apply from June 12. The pact, long negotiated and fiercely contested, aims to harmonise asylum rules across the bloc with mandatory border screening, expanded use of the Eurodac database and clearer responsibility-sharing. Made up of nine regulations and one directive, it also sets faster procedures and tighter rules on returns. Its rollout in the Netherlands, though, coincides with this notable reduction in one layer of national scrutiny.
There’s “no legal framework” to screen the phones of asylum seekers and verify they are who they claim to be, so authorities simply stop screening.
Now last time I checked there’s also no legal framework allowing mercenary spyware to be installed on my phone, yet here we are,…
— Eva Vlaardingerbroek (@EvaVlaar) June 8, 2026
