The draft law, approved by the Belgian Council of Ministers on 18 July 2025, aims to strengthen the enforcement of return decisions for irregularly staying migrants who refuse to cooperate and are considered a threat to public order or national security. The government presents judicially authorised home searches as a “last resort” that would apply only in specific and serious cases, under strict legal supervision. Several civil society organisations have expressed concern about the potential impacts of the draft law on privacy and the inviolability of the home.

Following similar motions adopted by Ixelles and Saint-Gilles, the City of Brussels expressed opposition to the draft law by adopting a motion on 17 November 2025. The motion, submitted by the Ecolo-Groen, PTB-PVDA and Team Fouad Ahidar-BXL+ factions, references constitutional and European legal protections, including the inviolability of the home and the right to privacy, and urges the federal government to reconsider its position in light of advice from the Council of State, the Bar, and various civil society organisations. The motion was adopted with 29 votes in favour, 9 against and 1 abstention.

Reacting to the motion, Anneleen Van Bossuyt, Minister for Asylum and Migration, stressed that the measure targets irregularly staying migrants who are considered a threat to security and should no longer be able to hide behind closed doors, but must return to their country of origin. She noted that Brussels regularly reports security concerns and argued that blocking the measure under the banner of hospitality does not address these issues.

For more information, please consult the motion (in Dutch) attached below.