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Belgium Approves Home-Entry Powers for Migrant Removals Amid Rights Concerns

The law permits judge-authorized visits to enforce certain removal, return or transfer measures and is scheduled to take effect March 1, 2027.

Updated 2 min read
Pedestrians pass the Chamber of Representatives in Brussels beneath an overcast November sky. / EconoTimes.ai
Pedestrians pass the Chamber of Representatives in Brussels beneath an overcast November sky. / EconoTimes.ai

Belgium’s lawmakers approved a measure allowing police to enter private residences under judicial authorization to enforce migration orders, setting up a dispute over removals and the privacy of households that host migrants.

The Chamber of Representatives passed the bill 80-35, with 12 abstentions, early Friday, Nov. 6, and submitted it for royal assent. It covers people subject to enforceable removal, return or transfer measures who are not cooperating.

A judge must find reasonable grounds to believe the person presents a danger to public order or national security. Authorities also must show the person is likely at a private address, that a less intrusive option would not work, and that the visit would be proportionate to the interests involved. The authorization cannot be appealed.

Police must be accompanied by Immigration Office officials. The measure can cover a third party’s home, including a residence where someone is hosting a migrant. Irregular status alone does not establish a threat, and a criminal offense may be considered but cannot decide the risk assessment by itself. Authorities cannot seek a home-visit authorization against a minor; when children live at the address, judges must assess whether the visit is proportionate to the child’s best interests.

Minister for Asylum and Migration Anneleen Van Bossuyt said the measure would help authorities act when people they consider dangerous refuse to leave. Reuters reported that the bill forms part of the governing coalition’s broader effort to limit migration and increase removals.

Before the vote, Amnesty International urged lawmakers to reject the proposal, arguing it could intrude on family privacy and leave affected people without an effective way to challenge an authorization. Carine Thibaut, director of Amnesty International’s French-speaking Belgian section, called it “a law of fear,” citing potential effects on children and households hosting migrants, The Guardian reported.

The law is scheduled to take effect March 1, 2027, although the King may set an earlier date. The migration minister must submit an evaluation within 18 months after it takes effect, with particular attention to its impact on minors.

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