WILLEMSTAD – Curaçao’s new migration policy, introduced in March 2025 by Minister of Justice Shalten Hato, represents a marked shift toward stricter enforcement, legal control, and deportation. While the policy builds in part on a previous framework drafted by Minister of Finance and Public Health Javier Silvania, it abandons much of the earlier emphasis on social integration and labor regularization.
Instead, Hato’s policy focuses heavily on formal procedures, detention, and removal of undocumented migrants, raising concerns over the lack of a solid legal foundation and the growing dependence on ministerial discretion.
A Stricter, More Legalistic Tone
Silvania’s earlier policy document acknowledged that the presence of undocumented migrants in Curaçao is a structural reality that requires a realistic and humane approach. He argued for coordinated efforts across ministries—Justice, Finance, Public Health, Social Affairs, and Labor—and highlighted the potential economic contributions of this group.
However, the 2025 policy narrows its scope almost exclusively to the Ministry of Justice, focusing on asylum procedures, detention rules, and deportation mechanisms. Silvania’s call for comprehensive reform and cross-ministerial coordination is largely absent.
Still, one key point remains: both ministers agree that the lack of formal legislation is unsustainable. The new policy introduces, for the first time, a detailed administrative procedure for protection requests under Article 3 of the European Convention on Human Rights (ECHR)—but crucially, it is still a policy framework, not a law.
Human Rights Acknowledged, but Legalization Restricted
Both Hato and Silvania reference human rights and the need for clear procedural guidelines. However, while Silvania advocated for options like tax contribution, legal work opportunities, and migration as a response to demographic decline, the new policy offers no structural path to legalization or integration. Legal status will remain available only in exceptional cases, and repeat applications are only considered if new facts emerge after prior rejections.
Detention Extended, Legal Burden on Migrants
Hato’s policy reflects a more defensive and cautious tone, particularly in areas like immigration detention. The maximum period for detaining foreign nationals has been extended from six to eighteen months. Moreover, if a migrant files a higher appeal or a complaint with the European Court of Human Rights, they must now individually apply for an injunction to avoid deportation during the process—a clear indicator of the policy’s legal-technical nature.
From Integration to Containment
While Silvania called for a pragmatic migration strategy balancing control with inclusion, Hato's policy is primarily aimed at restricting inflow and minimizing risks. It protects individuals on specific legal grounds but closes the door to broader integration or labor participation for undocumented migrants.
The core issue remains unresolved: without formal legislation, migration governance in Curaçao continues to be dictated by changing political priorities. Until laws are enacted, the rights and future of thousands of migrants on the island will remain uncertain and vulnerable to policy shifts.
