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

Abstract

AbstractMigration 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.