Belgium’s parliament has approved a controversial law that will allow police to enter private homes to detain undocumented migrants in certain circumstances. The decision has triggered strong criticism from human rights organisations, lawyers and campaigners, who warn that the measure could create fear among migrant communities and people who provide shelter to them.
The law was introduced by Belgium’s right-leaning governing coalition as part of a wider effort to increase the removal of people who have been refused permission to remain in the country. It is expected to take effect next spring. Under the new rules, the immigration office will be able to ask an investigating judge for permission to enter a residence believed to be housing someone without legal papers.
If a judge grants the necessary warrant, police will be allowed to enter the property without the occupants’ consent between 5am and 9pm. Officers could detain the person targeted by the immigration procedure and search for identity documents. The measure could also affect homes where undocumented migrants are staying with friends or relatives, meaning that people who are not themselves facing immigration proceedings may become involved.
Government representatives say the law is intended to deal with people whose asylum applications have been rejected, who have ignored orders to leave Belgium and who are considered a threat to public order or national security. Supporters argue that authorities need effective tools to enforce deportation decisions and prevent people from avoiding immigration procedures by remaining in private accommodation.
However, critics say the definition of a threat to public order is too broad. They warn that the law could allow immigration enforcement to enter homes in situations that do not involve serious criminal activity. Amnesty International’s Belgian section has described the measure as a law of fear, arguing that it could frighten children, families and people who have offered temporary accommodation to migrants.
More than 60 protests were held across Belgium in the run-up to the parliamentary vote. Non-governmental organisations, judges and lawyers’ associations also raised objections, saying the legislation risks weakening the protection normally given to private homes. Critics have questioned whether the judicial process will provide sufficient safeguards and whether people affected by an entry warrant will have a meaningful opportunity to challenge the decision.
Rights groups also argue that existing criminal justice procedures already provide police with powers to investigate serious offences. They say immigration status should not be treated as evidence of criminal behaviour and that deportation is an administrative process rather than a reason to remove normal protections from a person’s home.
The debate has attracted attention beyond Belgium because campaigners fear that similar policies could spread to other European countries. Governments across the European Union are under pressure to increase deportations and improve the enforcement of immigration decisions. Belgium’s new law may therefore become part of a wider discussion about the balance between border enforcement, individual rights and judicial oversight.
The legislation is due to come into force next spring, leaving time for further legal and political challenges. Human rights organisations are expected to continue opposing the measure, while the government will have to explain how the rules will be applied and what protections will remain for residents.
