Reported by:
Cherry Meigh Timbol
News Content Editor
Published November 10, 2026
BRUSSELS, Belgium — Belgium’s federal parliament has approved controversial legislation allowing police and immigration officials to enter private homes to apprehend certain undocumented migrants who have been ordered to leave the country but refuse to comply with deportation decisions.
The legislation was adopted by the Belgian Chamber of Representatives on November 6, following an overnight parliamentary debate. The vote was 80 in favour, 35 against and 12 abstentions, according to the European Migration Network (EMN).
The measure is intended to strengthen the government’s ability to enforce deportation orders involving individuals considered threats to public order or national security.
Who Can Be Targeted Under the Law?
The legislation does not grant immigration authorities unrestricted access to private residences or authorise raids against all undocumented migrants.
Instead, it establishes specific conditions that must be satisfied before authorities can enter a home.
Under the adopted provisions, the targeted individual must:
- Be subject to an enforceable deportation or return decision.
- Refuse to cooperate with the implementation of that decision.
- Be considered a threat to public order or national security.
- Be reasonably believed to be present inside a private residence.
Authorities must also demonstrate that entering the residence is necessary and proportionate and that less intrusive alternatives would not be effective.
Importantly, prior authorisation from an investigating judge is required before police can carry out a home search.
The legislation also permits entry into a residence belonging to a third party if authorities have reasonable grounds to believe the targeted individual is staying there.
Judicial Oversight and Safeguards
The legislation introduces several procedural safeguards governing how home searches may be conducted.
An investigating judge must review a reasoned application submitted by the competent minister or an authorised representative. The judge has seven working days to issue a decision and may request additional information before granting authorisation.
Searches are permitted between 5 a.m. and 9 p.m. Police officers may also request assistance from a locksmith when necessary to gain entry.
Authorities must document the operation in an official report, and a copy of the judicial authorisation must be provided to the person concerned.
The legislation further establishes protections involving children. An authorisation cannot be requested against a minor, while judges must consider the best interests of children living at the residence when assessing whether a search is proportionate.
The law also states that irregular immigration status alone does not constitute a threat to public order or national security.
Human Rights Organisations Raise Concerns
The legislation has generated significant opposition from human rights organisations, legal professionals and civil society groups concerned about privacy protections and the potential impact on vulnerable migrants.
Before the parliamentary vote, Amnesty International called on lawmakers to reject the proposal, arguing that allowing authorities to enter private homes for immigration enforcement could constitute a disproportionate interference with the right to privacy and family life.
The organisation also raised concerns about the absence of an effective appeal mechanism for individuals affected by judicial authorisations.
Amnesty International warned that the legislation could discourage individuals and organisations from providing accommodation and assistance to undocumented migrants.
On November 4, Amnesty International and a coalition of 36 Belgian organisations organised a human chain around the Palace of Justice in Brussels. More than 50 additional demonstrations and solidarity actions were reportedly organised elsewhere in the country.
Legal professionals have also questioned whether the criteria used to determine threats to public order and national security are sufficiently precise and whether the judicial oversight provisions provide adequate protection against potential abuses.
Government Defends the Measure
Belgium’s government, backed by its right-leaning governing coalition, has defended the legislation as a necessary instrument for enforcing existing deportation decisions.
Asylum and Migration Minister Anneleen Van Bossuyt has argued that authorities need additional powers to apprehend individuals who have exhausted their legal options, refuse to leave the country and pose risks to public safety.
Supporters maintain that the legislation is narrowly targeted and does not establish a general power to search the homes of undocumented migrants.
The measure follows earlier attempts to introduce similar legislation, including a proposal in 2017 that was eventually shelved following substantial political and civil society opposition.
When Will the Law Take Effect?
Although parliament has approved the legislation, parliamentary adoption and its entry into force are separate legal steps.
The adopted text has been submitted for Royal Assent and provides for implementation beginning March 1, 2027, unless the King establishes an earlier date.
The government is also required to submit an evaluation of the legislation to parliament within 18 months of its entry into force, with particular attention to its impact on children.
The legislation places Belgium at the centre of a wider European debate over immigration enforcement, deportation policies and the balance between national security and fundamental rights.
