The Government is fast‑tracking legislation that would give immigration officers new powers to request identification from people suspected of overstaying their visas — and aims to have the law introduced by the end of the month and passed before the end of the current parliamentary term.
The Government says the move is designed to close a significant “compliance gap” in the deportation system, while critics warn it could open the door to enforcement practices reminiscent of the controversial ICE raids in the United States.
The proposal forms part of a package of immigration enforcement measures first announced in September 2025. At the centre of the change is the authority for officers to request “identity‑based information” when they have reasonable suspicion that a person is breaching visa conditions or is potentially liable for deportation.
Immigration Minister Erica Stanford said officers currently face situations where they locate a person of interest but encounter others at the same premises who flee or behave suspiciously. However, officers lack the legal ability to request identification from these additional individuals. The new powers, she argued, would allow officers to respond appropriately in these scenarios.
“Often they’re in a situation where they are looking for a particular person, they find that particular person, and then at that residence or workplace, there are other people who are either fleeing or acting suspiciously. At this point in time they cannot act on that,” Stanford told RNZ. She described the proposed law as “narrow and designed to close a specific compliance gap.”
Stanford also emphasised that the changes do not amount to random street checks or general stop‑and‑search powers. The Government is aiming to introduce the legislation to Parliament by the end of the month, with the goal of passing it before the end of the current parliamentary term.
According to the Minister, the scale of the overstayer issue in New Zealand is larger than previously understood. She said this reality requires giving immigration officers stronger tools.
“We have a big overstayer problem, tens of thousands more than we suspected, and we have to arm [immigration officers] with the tools to be able to request information from people when they have a reasonable suspicion that they are in breach of their visa conditions.”
Dog‑Whistle Politics
Immigration lawyer Alastair McClymont questioned whether the law change solves a meaningful problem, arguing that the number of undocumented or non‑compliant migrants is small compared with the broader immigration system.
McClymont said previous legislation had already given “almost unfettered discretion” to immigration officers, raising concerns about how new rules might be applied. He also warned that future governments could weaponise immigration enforcement for political gain.
“There is the risk… in the future, what if we have a government that decides that enforcement on immigration is something which is really good for their particular politicking, I’m referring to dog whistle xenophobic politics,” he said.
Other critics noted the parallels between the proposed New Zealand settings and the heavy‑handed ICE raids in the United States, which have drawn global condemnation for their impact on migrant communities.
The identification‑request powers sit within broader reforms aimed at strengthening New Zealand’s deportation and compliance framework. Previous announcements included expanding deportation liability criteria, tightening rules related to fraudulent information, and increasing penalties for migrant exploitation—from seven to 10 years’ imprisonment.
The Government has framed these changes as essential to maintaining the integrity of the immigration system and ensuring consequences for serious breaches.
A Debate Far From Over
While the Government asserts the new powers are targeted and proportionate, the debate surrounding them is intensifying.
Supporters argue the enhancements are necessary to manage a growing overstayer problem, while critics fear they may usher in a future of harsher, more intrusive immigration enforcement.
With legislation expected to reach Parliament soon, New Zealanders can expect the discussion to sharpen as policymakers and communities weigh the balance between effective immigration compliance and the protection of civil liberties.
