Belgium Grants Police Power to Enter Homes for Deportations: Controversial Bill Approved by Government

Belgium grants police power to enter homes for deportations – controversial bill approved by government.

Brussels, April 5, 2026 — Belgium’s minority coalition government has approved a highly contentious draft law that would allow police, with judicial authorization, to enter private homes to detain undocumented migrants who refuse to comply with deportation orders.

The Council of Ministers gave the green light to the bill on April 3, 2026, in a second reading. It now moves to the Council of State for an advisory opinion before heading to parliament for what is expected to be a heated debate later this spring.

What the New Law Would Allow

Under the proposed legislation, police could obtain a judge’s warrant to search a private residence if:

• The individual has an enforceable return (deportation) decision

• They are not cooperating with authorities

• They are considered a risk to public order or national security

Authorities would still be required to first offer the possibility of voluntary departure. The measure is presented as a “last resort” tool, limited to serious cases and subject to strict judicial oversight.

Interior Minister Annelies Verlinden and Asylum & Migration Minister Anneleen Van Bossuyt supported the bill, stating it is essential to rebuild trust in Belgium's return system, which presently has one of the EU's lowest effective return rates at approximately 14%.

Political and Public Reaction

The proposal has reignited deep divisions. A similar clause contributed to the collapse of a previous government in 2018. This time, francophone liberals (MR) have signalled conditional support, while the Greens have strongly opposed the measure, calling it “counter-productive and draconian.”

Civil society organisations, including CIRÉ and Vluchtelingenwerk Vlaanderen, have raised serious concerns. They warn that home searches could traumatise children, affect innocent flatmates, and create fear within migrant communities. Critics also question whether the law fully respects constitutional protections regarding the inviolability of the home and the right to privacy.

The bill has already faced opposition from several cities, including Brussels, and has drawn scrutiny from independent bodies such as Myria (Federal Migration Centre), the Children’s Rights Delegate, and the Data Protection Authority.

Broader Context

Belgium issued nearly 100,000 work permits to third-country nationals in 2025, yet struggles with low return rates for rejected asylum seekers and irregular migrants. The government hopes the new powers will complement recent readmission agreements (including a new deal with Algeria) and ongoing talks with Morocco.

The proposal also aligns with wider EU discussions on strengthening the Return Regulation, including expanded detection and detention measures.

What Happens Next?

The Council of State will now deliver its advisory opinion. Parliament is expected to debate and vote on the bill in the coming weeks. Given the right-leaning nature of the current coalition under Prime Minister Bart De Wever, the legislation has a realistic chance of passing, though it could face amendments or legal challenges.

For the latest Belgium immigration news, deportation policy updates, and 2026 residency permit guidance, explore our complete collection here: Belgium Visa & Immigration Updates

Belgium’s move to grant police home-search powers for deportations represents a significant hardening of its migration enforcement policy. While the government frames it as a necessary step to make returns more effective, critics argue it risks undermining fundamental rights and social cohesion.

The coming parliamentary debate is likely to be intense, with migration remaining one of the most divisive issues in Belgian politics.