The federal police have strongly criticised a draft bill aiming to enable home searches for people residing irregularly in Belgium.
The proposal, introduced by ministers Anneleen Van Bossuyt (N-VA) and Annelies Verlinden (CD&V), seeks to facilitate the deportation of individuals refusing to cooperate with their return.
Such searches would only be permitted if the individuals pose a threat to public order or national security, and if authorised by a magistrate.
Under the proposed law, home entries would be conducted by officials from the Immigration Office, supported by police officers.
However, during a parliamentary hearing, Eric Garbar from the federal police expressed significant concerns over its practical implementation.
He highlighted that the bill fails to clarify what is expected of police officers in specific scenarios, such as the discovery of illegal weapons or the presence of more undocumented individuals than stated in the judicial order. Garbar remarked, “Police cannot be expected to interpret the law and fill in gaps during an emergency.”
Earlier in the day, legal organisations including the Orde van Vlaamse Balies and AVOCATS.BE, along with investigating magistrates, also voiced strong criticism of the draft legislation.
Opposition MP Matti Vandemaele (Groen) urged the government to abandon the plan entirely. “If I were in the majority, I would listen to the experts, skip the next hearings, and withdraw this rotten proposal,” Vandemaele said.
Responding to the criticism, N-VA MP Maaike De Vreese acknowledged the challenges raised by the federal police, stating that similar issues occur daily in other contexts. “When criminal offences are identified, they are followed up accordingly, and the prosecutor’s office is contacted,” she added.
Etterbeek protests
On Tuesday, the Etterbeek municipal council also passed a motion raising serious concerns about the federal proposal for home police raids for migrants.
The motion, initiated by the Mayor’s List (MR, Open VLD, CD&V, and independents) and Les Engagés, does not oppose the concept of home visits but criticises significant legal and procedural shortcomings in the bill under discussion.
This stance carries particular significance because MR, CD&V, and Les Engagés are part of the federal majority backing the bill.
