The Belgian parliament is set to vote on a divisive new law that would allow police raids on people’s homes if they were suspected of harboring undocumented migrants. The vote is set for later this week, paving the way for similar provisions under the EU’s deportation regulations.
Championed by Belgium’s right-wing migration minister Anneleen Van Bossuyt of the N-VA, the bill triggered widespread criticism from human rights activists who likened it to the tactics utilized by the United States Immigration and Customs Enforcement (ICE).
What is the Bill?
The new bill would allow police to force their way inside private property between 5am and 9pm with authorization from an investigating judge. It would apply to foreign nationals who have received an enforceable order to leave Belgium but could also involve the homes of people suspected of accommodating undocumented migrants.
Experts point out that this could be threatening the constitutional protection of the home, privacy, and family life, while also placing children and vulnerable people at risk, as the bill would allow a search through documents and personal belongings even if a child is present. Amendments have been included to allow a judge to impose additional protections where children are involved, but opponents argue this is not enough to remove the risk of psychological harm.
The motion has outraged civil rights organizations, lawyers, human rights advocates, and local authorities, as this could allow police to enter private homes outside a criminal investigation’s framework.
“The Belgian government may call them ‘home visits’, but that doesn’t change what they are: police forcibly entering private homes and traumatizing families and children to arrest people who simply lack the right papers,” Chiara Catelli, advocacy officer at the Platform for International Cooperation on Undocumented Migrants (PICUM), said in a statement.
PICUM pointed out that although an investigative judge would have to authorize the search, that judge might not have access to the entire case file before making their decision. The organization also warns that those being searched may lack a way to contest the decision.
Comparisons to ICE
The Belgian government has starkly rejected the comparisons to the United States’ ICE, arguing that instead of targeting undocumented migrants generally, the bill aims to enforce deportation orders already in place.
Van Bossuyt stressed that police will require authorization before entering private residences, which would only be allowed if the person refuses to cooperate with return orders and poses a threat to national security or public order, like sex offenders and people involved in terrorism.
Protests Planned
The bill has passed the Chamber of Representatives’ Interior Committee in a second reading on 7 October. The bill is now awaiting a vote in Parliament on November 5. However, the Brussels regional parliament passed a resolution against the proposal, along with more than 60 municipalities across the country adopting motions in opposition. Protests across the country are expected at the end of the week as well.
