This ad hoc query, launched by EMN Belgium, explores whether authorities in EMN Member Countries are permitted to search the electronic devices of irregularly staying third-country nationals in the context of return. It examines the legal conditions under which such searches may take place, the categories of individuals concerned, the availability of related statistics, and the perceived impact on identification processes. The query also invites information on challenges encountered and any planned legislative developments in this area.

This ad hoc query looks into the time limit within which an administrative authority may detain, without judicial review, an applicant for international protection or an irregularly staying third-country national who is subject to return.

Within the framework of the Return Expert Group (REG), this ad hoc query aims to identify innovative collaborations related to multistakeholder governance. The focus is on partnerships between national authorities, local authorities, and civil society organizations to facilitate information sharing, guidance, and case resolution for migrants with return decisions or those remaining undocumented and off the radar of national authorities. 

In response to the growing awareness of the barriers for irregularly staying adult migrants to access higher education, vocational training and employment, the Netherlands sought to map out existing legislation and practices in other EMN Member countries to facilitate this access.

In March 2025, the European Commission proposed a regulation establishing a common return system for third-country nationals staying illegally in the EU. Médecins du Monde and PICUM have published a report highlighting potential risks associated with the proposal, particularly concerning access to healthcare and data protection. The report outlines how the proposal may affect the rights of individuals, including vulnerable groups, and raises ethical concerns for professionals. The organisations call on EU lawmakers to ensure that the regulation respects fundamental rights and medical ethics.

On 19 June 2025, Interior Minister Bernard Quintin and Asylum and Migration Minister Anneleen Van Bossuyt announced that, starting from summer 2025, federal police, local police, and the Immigration Office will collaborate to conduct targeted checks within Belgium. These measures aim to combat irregular migration and secondary movements towards Belgium. Reactions have emerged regarding the capacity required to implement such checks, their actual effectiveness in reducing irregular migration, and whether they can deliver a real deterrent effect or remain largely symbolic.

On 19 September 2024, EMN Belgium presented the findings of its national contribution to the upcoming EMN Study on the Illegal Employment of Third-Country Nationals (2017-2022), in a comparative perspective with the national contributions from EMN Austria and EMN Italy.

During a visit to the prison in Beveren, the Secretary of State for Asylum and Migration said that more illegally staying detainees are being sent back directly from prisons, through the work of the return counsellors in the detention facilities. 

The Return Expert Group (REG) within the EMN conducted a successful workshop dedicated to advancing multistakeholder governance towards case resolution of undocumented migrants. Facilitated by EMN Belgium and the Belgian Federal Agency for the Reception of Asylum Seekers (Fedasil), this event focused on fostering connections between national authorities, local administrations and civil society organisations (CSOs).