PHILIPSBURG:--- During the Council of Ministers press briefing, Minister of Justice Nathalie Tackling addressed several critical immigration and justice-related issues. The session provided clarity on the government's handling of exemption letters, the backlog of residency permits, and the approach toward individuals born in St. Maarten who lack legal status.
The Challenge of Exemption Letters
A significant point of discussion was the number of exemption letters granted by previous administrations to individuals not registered on the island. While unable to provide an exact figure due to poor record-keeping, Minister Tackling acknowledged that the number could be as high as 2,000.
These letters are intended to be an exception, not the rule. They allow a person who has applied for their first residency permit to remain on the island while awaiting a decision, a process that should legally occur while the applicant is abroad. Over time, these letters have been issued for various reasons, including to business directors needing to set up operations for school-aged children.
However, the Minister noted that the system has been misused, with many recipients viewing the letter as a permanent right to reside without following through on their permit applications. The current administration is taking a stronger stance, aiming to regulate the issuance of these letters and reduce what has become a significant administrative burden.
Tackling the Residency Permit Backlog
The Minister also addressed public concerns about the backlog in processing residency permits at the Immigration and Naturalization Department (IND). She assured the public that the department is working diligently to clear pending applications. The goal is to process all 2025 permit applications by the end of the year, ensuring no backlog carries over into 2026.
To streamline the process and improve efficiency, a new, more user-friendly immigration system is set to launch in the coming weeks. This system will guide applicants to the correct permit category and provide a clear, revised list of requirements. The Minister explained that many of the previous requirements were deemed excessive and are being trimmed down to request only necessary information. While acknowledging that progress has been slower than hoped, she expressed confidence that these changes will lead to significant
A Humanitarian Approach for Undocumented Persons Born in St. Maarten
A key topic was the government's plan for individuals born in St. Maarten who have lived their entire lives on the island but were never documented by their parents. Minister Tackling emphasized a humanitarian approach for these cases.
She publicly stated that adults over 18 in this situation can qualify for a humanitarian permit. The government recognizes that a child is not at fault for their undocumented status. Applicants are encouraged to provide proof of their lifelong residency, such as primary and high school records, to support their case.
The situation is more complex for those who have ended up in the justice system. For individuals in prison who were born or raised in St. Maarten without legal status, the ministry is evaluating how to handle their cases upon release. Deportation is often not an option, as they have no other country to be sent to. The ministry is looking at these situations on a case-by-case basis, aiming to prevent a cycle of recidivism by helping these individuals reintegrate into society. The Minister shared an anecdote of an ex-inmate who returned to crime after being unable to secure a job without an ID, highlighting the importance of finding a solution.
Through these focused efforts, the Ministry of Justice aims to create a more regulated, efficient, and humane immigration and justice system that addresses long-standing challenges while ensuring fairness and security for
the community.
