Belgium has moved a step closer to adopting a controversial new migration law that would allow authorities to enter the homes of certain undocumented migrants to carry out deportation orders, sparking widespread criticism from judges, police, rights organizations and migration experts.

The proposed legislation, introduced by Asylum and Migration Minister Anneleen Van Bossuyt, has already been approved by the Council of Ministers and the parliamentary Committee on Home Affairs, Security, Migration and Administrative Affairs. With the governing coalition holding a parliamentary majority, the bill is widely expected to pass later this year despite mounting opposition.

The Belgian government argues that the measure is essential to strengthening the country's migration policy and ensuring that individuals residing in Belgium illegally who are considered threats to public order or national security can no longer evade deportation.

"Our authorities must be able to do their job," Van Bossuyt said, arguing that individuals living in Belgium unlawfully who pose security risks should not be able to avoid removal simply by remaining inside their homes.

Last-resort measure

According to the government, the legislation would apply only as a last resort after other attempts to secure a person's voluntary departure have failed.

The bill targets undocumented migrants who refuse to cooperate with deportation procedures and who are deemed to pose a threat to public order or national security, including individuals allegedly linked to extremism, radicalization or serious criminal offenses.

Before authorities can enter a residence, an investigating judge must determine whether the measure is proportionate. Searches would only be permitted between 5:00 a.m. and 9:00 p.m., and officials say they would be carried out by regular police officers accompanied by immigration authorities.

Government officials insist the proposal does not authorize violent raids or the creation of a specialized immigration enforcement agency similar to the United States' Immigration and Customs Enforcement (ICE).

Authorities say police would first knock on the door and, if necessary, use a locksmith to gain entry rather than forcing doors open.

The bill would also allow authorities to detain undocumented migrants upon their release from prison if deportation arrangements have been finalized after they complete their sentence.

Rights groups voice concern

The proposal has drawn strong criticism from refugee organizations, human rights advocates and legal experts, who argue that it risks undermining fundamental rights protected by the Belgian Constitution.

Organizations including Vluchtelingenwerk Vlaanderen (Refugee Work Flanders) and 11.11.11 have launched campaigns opposing the bill, warning that it could lead to intrusive home searches and deportations of vulnerable individuals.

The groups compared the proposal to immigration raids conducted by U.S. Immigration and Customs Enforcement earlier this year, although Van Bossuyt dismissed those comparisons as "fake news" and "demagoguery."

She insisted the legislation is intended solely to facilitate the removal of individuals who pose genuine security threats and not to target undocumented families indiscriminately.

Broad institutional criticism

Opposition to the bill extends beyond civil society organizations.

During parliamentary hearings, investigating judges, lawyers, police representatives and the federal migration center Myria all raised concerns about the legislation.

Judges questioned the lack of a precise legal definition of what constitutes a threat to public order or national security, arguing that existing legislation already allows authorities to search for criminal suspects when necessary.

Myria warned that the proposal does not adequately protect vulnerable individuals or children, noting that the presence of minors would not automatically prevent authorities from entering a home.

Police representatives also expressed concern that the bill is too vaguely drafted and could leave officers uncertain about how to implement it in practice.

The Belgian Data Protection Authority additionally warned about potential unlawful processing of personal data under the proposed law.

Meanwhile, the socialist trade union ABVV-FGTB criticized the legislation as a threat to privacy and the rule of law, arguing that its broad language could encourage arbitrary enforcement and further criminalize migrants and those assisting them.

The Council of State has likewise reiterated concerns previously raised in 2020, warning that the proposal could disproportionately interfere with the inviolability of the home, the right to privacy, family life and fair trial guarantees. The advisory body also highlighted insufficient protections for children and third parties, as well as the lack of effective oversight after searches are carried out.

Final approval expected

Despite the criticism, the governing coalition is expected to secure enough votes to pass the legislation in parliament.

While lawmakers from coalition parties including MR, Vooruit and Les Engagés have indicated that amendments remain possible, any changes are expected to be limited.

The bill is scheduled for a second reading before a final parliamentary vote, which is expected to take place in the autumn. (ILKHA)