What does the IND do when a controversial speaker is planning to visit?

Under the National Extremism Strategy 2024–2029 (only available in Dutch), the Netherlands stops such speakers from entering the country. It states that the government should prevent speakers who incite hatred and violence from entering the country wherever possible. The government can refuse controversial individuals’ entry to the Netherlands if their arrival pos a threat to public order or national security. This is done to prevent people who stir up hatred, spread disinformation or undermine the rule of law from further promoting their radical ideas here. The Immigration and Naturalisation Service (IND) decides on the immigration-law measures needed for this purpose. In addition, the Minister of Foreign Affairs may refuse a visa to people who need one to travel to the Netherlands.

Is being ‘controversial’ enough?

However offensive a person’s views or statements may be, that alone does not constitute legal grounds for barring them from the Netherlands. The IND does not assess if someone is controversial, only if there are concrete signs that the person’s arrival or presence poses a threat to public order or national security. There must also be enough signs that the person is coming to the Netherlands to spread extremist ideas. Only then can the IND provide a legal basis for imposing an immigration-law measure. 

Where is the boundary?

There is a reason why the country cannot bar every controversial speaker, as there is a tension between the need to tackle extremist messages and protecting the right to freedom of expression. This also goes for statements that cause offence, are confrontational or, to a certain extent, cause unrest in society. 
At the same time, freedom of expression is not unlimited. Where statements incite hatred, discrimination or violence, or otherwise endanger public order or national security, the government may act. Any action it takes must be based on the law. Local authorities are responsible for facilitating events or demonstrations, while central government may decide to refuse entry

How does the IND obtain information?

The government may respond to signals from the media or other public authorities. The IND is not a law-enforcement or intelligence service and cannot assess extremist ideology without information from other organisations. Because of that, itworks closely with public bodies such as the National Coordinator for Counterterrorism and Security (NCTV), the police and the Ministry of Foreign Affairs. There must be a concrete connection with the Netherlands before the IND can investigate, or have investigated, if a person with extremist ideas can be denied entry. This may be the case, for example, when someone wants to come to the Netherlands for a performance, lecture or other event that may involve calls for hatred and/or violence. 

The NCTV is a particularly important partner in such situations. At the IND’s request, it is authorised to draw up an individual assessment, analysing and interpreting whether a speaker makes extremist statements or displays conduct consistent with an extremist worldview. For this purpose, the NCTV uses only public sources, such as statements or publications available online. The NCTV has in-house expertise on extremist phenomena, which the IND itself does not possess. Together with other available information, the IND uses this assessment by the NCTV to determine whether there are sufficient substantive and legal grounds for a possible national or European immigration-law measure.

Who makes the decision?

Dutch and European immigration law provide several options for imposing an immigration-law measure. The measure imposed by the IND depends on the circumstances and on what is legally possible. The IND takes decisions on measures that fall under the remit of the Minister of Asylum and Migration. For example, the IND may flag an individual in the Schengen Information System (SIS), declare them an undesirable alien, impose an entry ban, or advise the Ministry of Foreign Affairs to refuse a visa. The IND assesses every case individually and considers each time whether the measure imposed is proportionate to the circumstances.

Visa refusals are handled by the Ministry of Foreign Affairs, and the Royal Netherlands Marechaussee (KMar) may physically prevent a person subject to such a measure from entering at the border. In both cases, this occurs only after the IND has indicated that this is possible. 

When someone disagrees with the decision

If a person disagrees with the decision imposed, they may use the legal remedies that ensure a fair process. The remedies available depend on the type of decision. The decision specifies which legal remedies may be used, such as lodging an objection or appealing directly to a court. 

Although the Minister of Foreign Affairs decides on visa refusals and the Royal Marechaussee on refusals of entry at the border, the IND also handles objections submitted by people who disagree with that decision. 

In summary

The IND always considers the specific facts and circumstances, as well as what is possible under Dutch and European legislation and regulations. Public controversy or combative statements may provide grounds for assessing if a person can be excluded but are not in themselves enough to exclude someone. Ultimately, there must be enough legal grounds to establish that a person’s arrival or presence poses a threat to public order or national security, so that an IND decision can withstand judicial review.