Belgium passed a law early on Nov. 6 that allows police officers to enter the homes of suspected illegal immigrants who have ignored orders to leave the country.
The measure is part of Belgian Prime Minister Bart De Wever’s conservative coalition’s push to get a handle on illegal immigration and boost deportations of those who have been denied the right to stay.
Under the new law, searches will be limited to the homes of people who have been denied asylum in Belgium, have ignored orders to leave, and are deemed a threat to public order or security.
A judge must approve the searches, which can only be carried out between 5 a.m. and 9 a.m. and in the presence of Belgian immigration officials.
Belgian Asylum and Migration Minister Anneleen Van Bossuyt called the passage of the law “an historic breakthrough,” having previously called it “the final piece in a firm but humane return policy.”
“This is not a witch-hunt against people who have international protection or are simply in the country illegally,” she said, according to Belgian national broadcaster VRT.
“The law sets out clear conditions, and a search of a home can only take place with the authorization of an investigating judge.”
She added that, in each case, the judge must decide whether someone poses a threat to public order or national security, describing that aspect of the law as a “crucial test.”
The law has drawn criticism from human rights groups and opposition parties in Belgium, with Amnesty International accusing the legislation of being bound to “sow fear and division.”
“The bill before Belgium’s parliament gives police vast powers to enter people’s homes for migration control purposes, between the hours of 5 am and 9 pm and irrespective of whether children are present,” Amnesty International said in a Nov. 4 statement ahead of the vote.
The rights group said that such measures would cause “a serious intrusion into people’s private and family life” and also fail to “provide effective ways to appeal or challenge these decisions.”
Amnesty International also said the criteria for classifying a person as a “threat to public order or security” were not clearly defined.
“These disproportionate powers are another cruel and coercive tool to create an increasingly hostile environment for migrants in Europe and for those showing solidarity with them,” added Amnesty International, which said more than 50 protests against the law had been organized across the country.
Van Bossuyt rejected the objection that the criteria were not clearly defined, saying that the concepts “feature in many parts of our legislation” and that “nowhere is a specific list provided of what they entail.”
She also said the Council of State, which vets draft legislation in Belgium, has explicitly warned her that setting definitions for these concepts is undesirable, as they may evolve, VRT reported.
The De Wever government has repeatedly said it wants to pursue Belgium’s “strictest ever” immigration policy.
To implement this policy, Brussels has introduced longer waiting periods and stricter conditions for family reunification, as well as a higher fee to become a naturalized citizen.
It is also moving to extend the waiting period before new arrivals can claim benefits and plans a new nationality exam for those wishing to naturalize as Belgian.
