On 18 July 2025, the Belgian Council of Ministers examined a draft law submitted by the Minister for Asylum and Migration and the Minister of Justice, aiming to allow home searches in the context of immigration enforcement. The measure targets foreign nationals who are subject to an enforceable return decision, are not cooperating with its execution, and are considered to pose a threat to public order or national security. The draft law would amend the Aliens Act of 15 December 1980 by inserting a new article (74/7/1), which would allow such home visits to take place with the authorisation of an investigating judge. The government presents this possibility as a “last resort” and highlights that it would apply only in specific and serious cases, under strict judicial control, as outlined in the current coalition agreement.

The draft law has prompted reactions from various civil society organisations, including the Centre d’Action Laïque (CAL). The CAL has voiced concern about the proposal, warning that it could infringe on fundamental rights such as the right to privacy and the inviolability of the home. The organisation highlights the lack of clarity in some recent political communications and fears a broader application than initially foreseen. CAL also criticises the timing of the announcement—just before the parliamentary recess—and calls for a more inclusive debate within the majority and Parliament to ensure that migration policies remain consistent with the rule of law and human rights.

For further information, please read, in French or in Dutch, the press release from the Council of Ministers of 18 July 2025.