Belgium’s parliament has approved legislation allowing police to enter private homes in the early morning to arrest certain foreign nationals facing deportation, despite warnings from human rights organisations that the measure could threaten privacy, family life and legal protections.
The law permits police to enter residential properties between 5 am and 9 am after obtaining authorisation from an investigating judge. It applies to foreign nationals who have been refused asylum, failed to comply with an order to leave Belgium and are considered a threat to public order or national security.
Under the legislation, the Immigration Office can request judicial authorisation to search a property where a person facing deportation is believed to be staying. Police can search for identity documents and detain the individual for removal, with immigration officials present during the operation.
The measure also applies to properties where migrants are staying with relatives, friends or other people providing accommodation. This has raised concerns that family members and individuals offering support to migrants could also be affected by immigration enforcement operations.
The government says the legislation provides an additional tool for enforcing deportation decisions. However, critics argue that the criteria for identifying someone as a threat to public order or national security are not sufficiently clear, potentially leaving room for broad interpretation.
The legislation forms part of the immigration policy of Prime Minister Bart De Wever’s right-leaning governing coalition, which has pledged to restrict migration and increase the removal of foreign nationals who do not have the right to remain in Belgium.
The parliamentary vote took place as Belgium’s governing coalition faced a political crisis over disagreements surrounding the 2027 budget and proposed fiscal measures worth approximately €10 billion by 2029.
Earlier in the week, De Wever submitted his government’s resignation to King Philippe after negotiations among coalition partners failed to produce an agreement. The King had not made a final decision on the resignation and was consulting leaders of the five-party coalition.
The governing parties and liberal opposition party Anders supported the home-search legislation.
Asylum and Migration Minister Anneleen Van Bossuyt defended the measure, saying it would address an existing gap in the enforcement of certain removal orders. Les Engagés parliamentary group leader Aurore Tourneur also said the final version contained strict conditions that must be met before a home search can be authorised.
Human rights organisations strongly criticised the legislation before its approval.
Amnesty International warned that allowing police to enter private homes to detain migrants could create fear and division beyond those directly targeted by deportation decisions.
Dinushika Dissanayake, the organisation’s deputy regional director, said the proposals would affect privacy and family life, including in households where children are present.
She also raised concerns that the legislation did not provide an effective way to challenge decisions authorising police to enter private residences.
According to Dissanayake, the measure could discourage people from offering accommodation, food and other assistance to migrants because relatives, friends and other supporters could become affected by enforcement operations.
Sotieta Ngo, executive director of the migration organisation CIRE, also condemned the legislation, arguing that it undermined the constitutional principle protecting the inviolability of the home.
Belgium’s decision comes amid broader European efforts to strengthen the enforcement of deportation decisions.
In October 2026, EU governments adopted a Return Regulation designed to establish a common framework for returning non-EU nationals who do not have a legal right to remain in the bloc.
The proposed framework seeks to increase cooperation with countries of origin and transit, strengthen border surveillance and accelerate deportation procedures.
It also provides for expanded detention powers, with detention potentially lasting up to two and a half years under the rules. People facing removal could also be subject to additional reporting requirements, surveillance and restrictions.
The regulation includes provisions allowing authorities to enter homes or other relevant premises and seize belongings in certain circumstances. Amnesty International has warned that these powers could increase the risk of discriminatory policing, racial profiling and excessive surveillance.
The European Commission has also proposed expanding the role of Frontex, the EU border agency, in coordinating deportations and supporting returns involving non-EU countries. Announced on October 27, the proposal includes plans to increase the agency’s standing corps to 30,000 officers and introduce social media monitoring.
While the Commission says the proposed changes would improve the effectiveness of return operations while maintaining human rights protections, Amnesty International has questioned whether adequate safeguards would accompany the expanded powers.
The final version of Belgium’s legislation includes several safeguards introduced following criticism from civil society groups and pressure from coalition partner Les Engagés.
Investigating judges will have seven days, rather than the initially proposed five, to decide whether to authorise a home search. Repeat applications must provide new information, while judges can also impose additional conditions when children are present in a household.
However, these changes have not removed concerns about how the law will be implemented.
Koen Dewulf, director of Belgium’s Federal Migration Centre Myria, told Le Soir that the definition of a threat to public order or national security remained vague and open to interpretation.
The Association of Investigating Judges has also questioned whether judges should be responsible for authorising home searches connected to administrative deportation procedures, which differ from the criminal investigations they normally oversee.
Andrea Rea, chair of CIRE’s board, raised concerns about the limited legal remedies available to undocumented migrants and people hosting them. He also warned that the legislation could face a challenge before Belgium’s Constitutional Court.
The approval followed demonstrations in several parts of the country. In Brussels, approximately 3,000 people formed a human chain around the Palace of Justice, while more than 50 other gatherings were reported nationwide.
Amnesty International argued that the legislation should be considered within the wider social and economic situation in Belgium, warning against directing public frustration over economic insecurity towards migrants.
The practical impact of the new law will depend on how investigating judges interpret its provisions, how police carry out authorised searches and whether legal challenges are brought before the Constitutional Court.
The legislation adds to a wider European shift towards stricter migration enforcement, with growing emphasis on detention, deportations and increased powers for immigration and border authorities.