Belgium Seeks Police Powers to Enter Homes and Deport Undocumented Migrants
Belgian police could soon force their way into a home as early as 5 a.m. to arrest a foreign national subject to a removal order. The measure, being considered by Parliament this Thursday, November 5, would also apply to people sheltering undocumented migrants, including Moroccan nationals.
The Belgian government wants to allow the Immigration Office to send police into private homes to carry out certain deportation decisions. The bill no. 1591 submitted to the Chamber of Representatives targets foreign nationals subject to an enforceable removal order who refuse to cooperate with their departure and are considered a danger to public order or national security.
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The operations could take place between 5 a.m. and 9 p.m., with prior authorization from an investigating judge. Police would be empowered to force open a door, with the help of a locksmith if necessary, search for identity documents and arrest the person concerned. These powers would extend to the home of a third party sheltering the foreign national sought, even temporarily.
The bill sets out several cumulative conditions, including reasonable grounds to believe that the foreign national is in the home and that an equally effective, less intrusive measure cannot be used. The judge would have seven days to review the request and could also set specific conditions when children are present.
Belgian lawyers warn of a legal battle
The reform has prompted a strong response from legal professionals. In an appeal published Thursday, November 5, Marc Fyon, president of AVOCATS.BE, denounces, among other things, the imprecise definition of a danger to public order and the safeguards provided to people living in the homes.
The organization is concerned that police could enter the homes of people sheltering a foreign national subject to deportation. It says the criteria leave the administration considerable room for discretion and calls for closer oversight of decisions authorizing these visits.
The government says the measure is intended to facilitate enforcement of orders to leave the country in situations posing a security risk. The change is part of Belgium’s tightening of migration policy, which has included the arrest of foreign nationals who came in response to an administrative summons and their detention in closed centres.
The bill was approved on second reading by the Home Affairs Committee on October 7. On Wednesday, November 4, around 3,000 demonstrators formed a human chain around the Palace of Justice in Brussels to protest the reform, while rallies were held at about 50 other locations across Belgium. AVOCATS.BE has already announced that it intends to ask the constitutional court to annul the measure if it is adopted.
