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Blog - 30.10.26

Belgium set to unleash home raids against undocumented migrants

Belgium is preparing to authorise ICE-style home raids targeting undocumented people. 

The proposal, due to be put to a vote in the Belgian Parliament on 5 November, would allow police to enter people’s homes by force, without their consent, between 5 a.m. and 9 p.m., potentially in the presence of children. The measure would apply both to the homes of undocumented people and to those of private citizens suspected of hosting them. 

The proposal faces intense criticism from civil society organisations, Federal Migration Centre Myria, judges and the Council of State, Belgium’s advisory body on draft legislation and highest administrative court, among others. More than 60 municipalities across Belgium, as well as the Brussels regional parliament, have adopted motions opposing it. 

Critics warn that the proposal threatens constitutional rights to private and family life, lacks adequate procedural safeguards and judicial oversight, and risks traumatising families and children. 

Home raids would take place outside the framework of criminal investigations, bypassing the safeguards that govern searches carried out to investigate suspected crimes. This text therefore threatens the inviolability of the home and the right to privacy by removing existing checks on state power. 

People could be targeted on the basis of vague notions of being a threat to public order. The organisations opposing the proposal warn that this is particularly concerning given the broad interpretation already applied by the Immigration Office (Office des étrangers), which has reportedly treated irregular work as a threat to public order. 

Those affected could also be left without an effective remedy to challenge the legality of a raid before its consequences become irreversible. While police would need a warrant from an investigating judge, the judge might not have access to the entire case file before authorising entry into a home. 

Home raids strike far beyond a single household: they spread fear throughout communities and intimidate people who offer support and shelter to their neighbours. 

Protests are foreseen across Belgium, and in particular in Brussels, on 4 November from 5pm at Place Poelart. 

QUOTES 

Chiara Catelli, Advocacy Officer, PICUM: “The Belgian government may call them ‘home visits’, but that doesn’t change what they are: police forcibly entering private homes and traumatising families and children to arrest people who simply lack the right papers. We’ve all seen the devastating consequences of home raids in the US, where they fuel fear and violence and tear families apart. It’s deeply alarming that an EU member state is now moving in the same direction.” 

Sotieta Ngo, Executive Director, CIRÉ (Coordination et Initiatives pour Réfugiés et Étrangers): “It’s an attack against human dignity. It’s an attack against solidarity. This proposal is a major violation of the constitutional principle of the inviolability of the home. From a democratic standpoint, there is nothing acceptable about this text.” – Full comment in French here. 

Noor Ketels, Policy Officer, Vluchtelingenwerk Vlaanderen: “The harm of this bill goes far beyond any single raid. Fear can stop undocumented people from seeking help and make those offering shelter afraid to open their doors. People already in precarious situations could be left with nowhere safe to turn. Everyone’s fundamental rights must be protected, regardless of their residence status. We urge the Belgian Parliament to reject this bill.” 

Cécile Vanderstappen, Advocacy Officer on Migrant Justice, CNCD-11.11.11: “Solidarity is the foundation of our collective prosperity and safety. This bill is disproportionate, unnecessary, and dangerous. It runs counter to a coherent, responsible political approach that respects the rule of law”. 

NOTES TO THE EDITORS 

  • The EU Return Regulation, the EU’s flagship initiative to escalate deportations across the Union, urges member states to deploy a broad set of investigative measures to identify and deport undocumented people. However, it does not oblige member states to introduce home raids. Note: the Belgian proposal to introduce home raids pre-dates the Return Regulation in any case.