Key points
- Belgium's parliament approved the law early on Friday after a debate that lasted through the night, with the final vote at about 5 a.m. local time, Reuters reported.
- Police may enter homes only of people who have been refused asylum, who have ignored an order to leave and who are seen as a threat to public safety; an investigating judge must authorise each search.
- Searches can take place only between 5 a.m. and 9 a.m., with immigration officials present, and judges have seven days to decide on a request.
- Human rights groups and lawyers oppose the law, saying it risks undermining constitutional rights and privacy; Amnesty International urged lawmakers to reject it.
- The government says the power fills a gap in enforcing removal orders; the measure is part of Prime Minister Bart De Wever's coalition push to limit migration and increase expulsions.
Belgium's parliament has approved a controversial law allowing police to enter the homes of suspected undocumented migrants who have ignored orders to leave the country, after a debate that lasted through the night. Lawmakers backed the measure at about 5 a.m. local time (0400 GMT) on Friday, Reuters reported.
The key figures
| Measure | Figure | Source |
|---|---|---|
| Time of the final vote | About 5 a.m. local time (0400 GMT), Friday | Reuters |
| Daily window in which searches may take place | 5 a.m. to 9 a.m. | Reuters |
| Days an investigating judge has to decide on a request | 7 | InfoMigrants |
| When the bill was first proposed | June 2026 | Brussels Morning |
| Months after entry into force until the law is evaluated | 18 | Brussels Morning |
Who can be searched, and how
Searches will be limited to the homes of people who have been denied asylum in Belgium, have ignored orders to leave and are seen to be a threat to public security, Reuters reported. Home searches must be agreed to by an investigative judge and can only occur between 5 a.m. and 9 a.m., with immigration officials present.
The power also extends to homes where the person is staying with relatives, friends or other hosts, InfoMigrants reported. Police may search for identity documents and detain the person for removal. Safeguards added after pressure from civil society and coalition partner Les Engagés include seven days, rather than five, for investigating judges to decide on a request; repeat requests require new information; and judges may impose conditions where minors are present, InfoMigrants reported.
Opposition and the government's case
The legislation has drawn strong opposition from human rights groups and lawyers, who argue that allowing police to enter private homes for immigration enforcement risks undermining constitutional rights and privacy laws, Reuters reported. Ahead of the vote, Amnesty International urged lawmakers to reject the legislation, which it said could also affect people who help undocumented migrants.
Critics also argue that the threshold of a "threat to public order or national security" is not defined clearly enough, creating uncertainty about how the power will be applied, InfoMigrants reported. Asylum and Migration Minister Anneleen Van Bossuyt told Le Soir that the law fills a gap by providing a tool to execute certain removal orders, InfoMigrants reported, while Les Engagés group leader Aurore Tourneur said the final text's conditions are "strict and cumulative".
A wider European backdrop
The measure is part of a broader push by Prime Minister Bart De Wever's right-leaning coalition to limit migration and increase expulsions of those who have been denied the right to stay in the country, Reuters reported. It passed as European Union governments adopted in October a Return Regulation establishing a common system for returning third-country nationals who do not have a legal right to remain in the EU, InfoMigrants reported.
The bill was introduced in June 2026 and the Belgian Chamber of Representatives' Committee on the Interior approved it in second reading on 7 October 2026, according to the European Migration Network in Belgium. An evaluation of the law is planned 18 months after it enters into force, including an assessment of its impact on minors, Brussels Morning reported.
What happens next
The law now moves towards entry into force, and its first court-authorised searches will test how the safeguards work in practice. Europe Unfolded will report the law's entry into force, and any legal challenge to it, as they are confirmed.
Updates & corrections
Published 6 November 2026.
No updates or corrections have been made to this article since publication.
Sources
- Reuters, "Belgium to allow home searches for suspected illegal migrants", 6 November 2026, on the parliament vote at about 5 a.m. local time; the limits on who can be searched; the judge's approval and the 5 a.m. to 9 a.m. window; the coalition's migration push; and the opposition from rights groups and Amnesty International: reuters.com
- InfoMigrants, "Belgium approves home raids for migration enforcement", 6 November 2026, on searches extending to hosts' homes; the search for identity documents and detention for removal; the seven-day decision period, repeat-request rule and conditions where minors are present; the criticism of the "threat" threshold; Minister Van Bossuyt's remarks to Le Soir; and the EU Return Regulation: infomigrants.net
- European Migration Network Belgium, "Belgian Chamber of Representatives committee approves bill on home searches to apprehend certain foreign nationals", October 2026, on the Interior Committee approving the bill in second reading on 7 October 2026: emnbelgium.be
- Brussels Morning, "Belgium Approves Migrant Home Searches Amid Protests", 6 November 2026, on the bill being introduced in June 2026 and the evaluation planned 18 months after the law enters into force: brusselsmorning.com