Belgium grants police powers to enter the homes of undocumented migrants

Following a lengthy debate, Belgium’s parliament yesterday, Friday, 6 November 2026, passed a new law allowing security forces to enter the homes of undocumented migrants to arrest and deport them. The decision comes amid mounting legal criticism and public opposition across the country, with human rights organisations describing it as a violation of the constitutional right to privacy.

Conditions and procedures for searches

Under the new measure, which secured a parliamentary majority, police will not have unrestricted authority to enter homes. The procedures are subject to several legal conditions:

• Searches apply only to undocumented migrants whose asylum applications have been rejected, who have failed to comply with an order to leave the country, and who pose a threat to public security.
• Prior authorisation must be obtained from an investigating judge.
• Entry is permitted only between 5 a.m. and 9 a.m.
• A representative of the Immigration Office must be present during the search.

Human rights concerns and widespread protests

The passage of the bill prompted strong domestic and international reactions. Amnesty International had warned that the measure could also harm citizens who provide humanitarian assistance to migrants.

Meanwhile, more than 3,000 people formed a human chain outside the Palace of Justice in Brussels to express their opposition. Protests against the law also took place in more than 50 Belgian cities and towns.

Lawyers and activists argue that violating the sanctity of the home in the name of enforcing immigration law infringes fundamental rights and constitutional protections for privacy.

The new law directly reflects the tougher policies of Bart De Wever’s right-wing coalition government, aimed at restricting migration and speeding up deportations. Despite criticism over human rights concerns, the Belgian government describes the measure as a national necessity to protect public security.

According to figures from Belgium’s Office of the Commissioner General for Refugees and Stateless Persons, 9,726 people had their applications rejected out of 32,942 final decisions issued between January and August 2026. During the same eight-month period, at least 1,239 migrants were forcibly deported from Belgium after failing to comply with orders to leave the country.