Belgian lawmakers move to let police search homes of undocumented migrants deemed security threats

A bill drafted by ministers Anneleen Van Bossuyt and Annelies Verlinden has passed the House Home Affairs Committee, proposing that police, in coordination with the Immigration Office (DVZ), be permitted to enter the residences of undocumented migrants deemed a threat to public order or national security, provided an investigating judge authorises the search. The legislation would also allow the detained individual to be placed in administrative custody after the entry.

While the government describes the measure as a necessary step in a humane return policy, opposition parties, federal police, and legal experts warn that the definitions of "threat" are insufficiently precise and that minors' rights may not be fully protected. Amendments were made to extend judges' decision time from five to seven days, and provisions allow judges to set conditions such as limiting searches to school hours or requiring a psychologist's presence when children are present. The bill now awaits a full plenary vote, with some local authorities, like Leuven, already signalling refusal to implement the new powers.