Over the past few months, several Prosecutor’s Settlement (TOM) sessions have taken place during which out-of-court settlements of up to Afl. 15,000 were imposed due to human smuggling and illegal employment.
The financial settlements were imposed on both companies and private individuals. The suspicions related to human smuggling in terms of helping individuals enter Aruba illegally and providing housing to persons residing unlawfully in Aruba. Suspects were also fined for illegal employment—namely, allowing individuals to work who do not legally reside in Aruba.
These offenses are criminalized under Articles 2:154 and 2:155 of the Criminal Code of Aruba.
The Public Prosecutor’s Office prosecutes individuals for these crimes because their actions undermine government policies designed to combat illegal stay and unauthorized employment. This contributes to maintaining an illicit circuit that leads to many socially undesirable and disruptive consequences, affecting not only foreign nationals but also the Aruban community itself.
It is of crucial importance that citizens, particularly employers and property landlords, fully inform themselves regarding laws and regulations before helping someone travel to Aruba, renting accommodation to them, or hiring them. While certain incidents may qualify for resolution through a TOM settlement session, a suspect can also be summoned to appear directly before a judge.