Belgium’s parliament passed legislation that grants police authority to conduct home raids targeting undocumented migrants, sparking widespread opposition from human rights organizations, judges, and legal professionals. The law, expected to take effect next spring, permits the Belgian immigration office to request judicial authorization for police entry into residential properties where individuals without legal documentation may be present, including homes where migrants are being sheltered by acquaintances or relatives.
Under the new provisions, police will be able to enter homes without occupant consent during daylight hours between 5am and 9pm and may conduct searches and detentions while potentially interacting with children. Government officials stated that enforcement would focus on individuals denied asylum who have disregarded departure orders and are deemed threats to public safety or national security. However, critics contend the legislation lacks clear definitions regarding what constitutes a threat to public order, noting that prior enforcement has extended to cases involving undeclared employment, traffic violations, and shoplifting.
Human rights advocates, including Amnesty International and the Platform for International Cooperation on Undocumented Migrants, warned the law conflates lack of legal status with criminality and fails to establish adequate safeguards. They noted that investigating judges would have limited investigative powers and that no mechanism exists for affected individuals to challenge decisions. Rights groups emphasized that normal criminal justice procedures already address individuals engaged in illegal conduct, making these new measures unnecessary for public safety purposes.
Observers have drawn parallels to immigration enforcement practices in the United States under the current administration, where Immigration and Customs Enforcement arrests have increased significantly. Similar provisions already exist in other European nations including the Netherlands and Germany. An EU-wide returns regulation recently approved includes comparable measures, raising concerns that additional member states may implement like provisions, potentially establishing a broader pattern across the bloc of expanded home-entry authority for immigration enforcement purposes.
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