(EDITOR'S NOTE:As MP Omar Ottley emphasized during Thursday's parliamentary meeting, this initiative is not intended to address general immigration issues. It specifically concerns children born on St. Maarten to foreign parents who have grown up and attended school on the island but remain without legal residency status. Its focus is on establishing a legal pathway to residency for these children, not granting Dutch nationality or changing the country's broader immigration policies.)
GREAT BAY--A total of 64 students are expected to graduate from St. Maarten's education system in 2026 without legal residency, while 1,085 undocumented students are currently enrolled in primary and secondary schools, including 465 who were born on St. Maarten. These figures were presented to Parliament on Thursday, October 22, by Member of Parliament Omar Ottley as he defended his proposed legislation aimed at addressing the legal status of children born and raised on the island.
Citing information received from the Ministry of Education, Culture, Youth and Sport (ECYS), Ottley revealed that 661 undocumented children are enrolled in primary education and another 424 in secondary education. Of the combined 1,085 students, 465 were born on St. Maarten but do not possess legal residency documents.
The MP placed particular emphasis on the 64 students scheduled to graduate without residency, explaining that these young people could face significant obstacles when attempting to continue their education abroad, secure formal employment or pursue other opportunities after completing secondary school.
Ottley presented the figures during the continuation of a Central Committee meeting of Parliament to address questions raised by fellow MPs concerning his draft initiative law, known as "Born Here, Born to Be Here."
The legislation proposes amendments to the National Ordinance on Admission and Expulsion, specifically expanding the category of children born on St. Maarten who may qualify for residency by operation of law.
The figures presented Thursday represent a significant development in the debate, which has previously been affected by questions about the availability of reliable information concerning undocumented children.
Ottley also referenced a 2020 UNICEF report and an earlier estimate of approximately 962 undocumented persons. However, the population covered by that older figure was not clearly specified during his presentation. The newer education figures were identified by Ottley as information received from the Ministry of ECYS in 2026.
Beyond the statistics, the MP presented findings from three focus groups examining how the lack of legal residency affects families and young people who consider St. Maarten their home.
Two focus groups involved undocumented parents with children born on St. Maarten, while a third focused directly on young people born on the island to foreign parents.
The parent participants reported having lived on St. Maarten for periods ranging from seven to approximately 38 years. Their backgrounds included persons born on St. Maarten, Haiti, Dominica, Antigua and the Dominican Republic.
The findings identified financial constraints, dependence on employment, administrative complications and prolonged uncertainty as obstacles preventing families from obtaining or maintaining residency documentation.
According to the presentation, 78 percent of respondents in the parent-focused findings indicated that they viewed St. Maarten as their home and intended to build their long-term future on the island.
Additionally, 10 of 16 participants indicated that their undocumented status negatively affected their children's sense of belonging and self-worth.
Ottley explained that children sometimes grow up identifying entirely with St. Maarten, only to encounter questions about whether they truly belong when their legal status becomes an issue.
The third focus group involved 10 young people between the ages of 16 and 24 who were born on St. Maarten to foreign parents. Their parents originated from countries including Guyana, Dominica and the Dominican Republic.
The group included secondary school students, school graduates, young people with vocational qualifications, individuals considering further education and others already attempting to enter the workforce.
Most participants reported never having possessed residency documents, while two indicated that they had previously held residency permits that subsequently expired.
All 10 participants described documentation-related uncertainty affecting their educational opportunities or plans to travel. Seven specifically reported having delayed or changed their plans because of difficulties associated with their legal status.
The findings also revealed that all 10 had experienced uncomfortable comments, teasing or other forms of social exclusion connected to their nationality or documentation status. Some reported pretending to possess residency documents to avoid embarrassment or questions about whether they belonged.
Despite these experiences, all 10 young participants identified St. Maarten as their home.
The focus groups were qualitative exercises involving relatively small numbers of participants. Their findings illustrate reported experiences and should not be interpreted as statistically representative of all undocumented children or families on St. Maarten.
Ottley also shared the case of a young man who was born and raised on St. Maarten, had been incarcerated more than once and was now attempting to rebuild his life. According to the MP, the young man was struggling to obtain legal employment because of his documentation status and had approached him for assistance.
The MP used the example to illustrate how a lack of residency documentation can continue affecting young people long after they leave school, including their ability to earn an income legally and reintegrate into society.
Under the current legislation, a child born on St. Maarten without Dutch nationality may qualify for admission by operation of law upon reaching the age of 16, provided that the child has been continuously admitted to St. Maarten since birth.
Ottley explained that the wording creates problems for children whose parents failed to secure or renew residency documents. Even when a child has lived on St. Maarten since birth and attended local schools, an interruption or absence of formal admission may prevent the child from satisfying the existing legal requirement.
His proposed amendment would reduce the age from 16 to 10 and replace the requirement of continuous admission with evidence that the child has resided on St. Maarten since birth.
School enrollment and educational records would provide an important means of establishing that continuous residence.
The proposal also introduces a separate provision based on parents fulfilling qualifying tax and social contribution obligations for 10 consecutive years. This would create another possible route to legal residency for eligible children born on the island.
Ottley explained that the 10-year contribution requirement is intended to demonstrate a family's established connection to St. Maarten and prevent the provision from being used solely by persons travelling to the island to give birth.
He stressed that the two provisions address different circumstances. One focuses on a child's residence and educational history, while the other recognizes qualifying long-term financial contributions by parents.
The MP reiterated that the legislation concerns residency and not Dutch nationality. St. Maarten has authority over its residency legislation within the applicable Kingdom framework, while Dutch nationality is governed by Kingdom law.
Responding to questions about consultations with government, Ottley said he had sought information from the Prime Minister, Minister of Justice and Minister of Education following the initial parliamentary discussion in December 2025.
He indicated that the Ministry of Education had provided information, but that he had not received the requested responses from the Prime Minister and Minister of Justice despite follow-up correspondence.
Ottley maintained that the education figures and focus-group findings demonstrate why the proposed amendments deserve consideration, particularly as children continue to reach graduation age without residency documents.
He also explained that the age of 10 was selected partly to bring St. Maarten's framework closer to provisions in Aruba, while providing children with an earlier opportunity to establish their legal status instead of waiting until 16.
The initiative has already been submitted to the Council of Advice and the Social Economic Council, with Ottley presenting amendments and responses to their recommendations during the legislative process.
Thursday's meeting formed part of the parliamentary consideration of the proposed changes. The amendments have not yet been enacted and would still require parliamentary approval before becoming law.
For Ottley, the issue remains centered on young people who have spent their lives on St. Maarten, attended its schools and identify with the country but face restrictions when attempting to pursue education, employment or travel because their legal residency has never been regularized.
