Draft law on home searches for return enforcement is examined by the Committee on Home Affairs

A draft law introducing the possibility of home searches to enforce return decisions has begun its parliamentary examination in the House of Representatives. The measure would concern certain third-country nationals subject to an enforceable return decision who do not cooperate with their return and are considered to pose a risk to public order or national security. Discussed by the Committee on Home Affairs on 16 June 2026, the proposal will be subject to consultations with experts and stakeholders before the committee continues its examination.

The draft law aims to amend Article 74/7 and introduce a new Article 74/7/1 into the Aliens Act of 15 December 1980, with a view to introducing the possibility of home searches for the enforcement of return decisions. The proposal would allow a home search to be carried out, subject to prior authorisation by an investigating judge, in the residence of certain third-country nationals who are subject to an enforceable return decision, do not cooperate with their return and are considered to pose a risk to public order or national security. Approved by the federal government on 18 July 2025, the proposal generated significant reactions from various stakeholders. While the government presented the measure as a tool to improve the enforcement of return decisions, concerns were raised by some of these stakeholders regarding its legal framework and potential impact on fundamental rights.

The bill was examined by the Committee on Home Affairs on 16 June 2026. During the meeting, the Minister for Asylum and Migration presented the proposal and explained the government's objectives and the safeguards provided for in the draft law. Members of the committee discussed, among other elements, the conditions for authorising home searches and the role of the investigating judge in this procedure. Following this initial examination, the committee decided to consult experts and stakeholders before continuing its examination of the bill.

The consultations will provide members of the Committee on Home Affairs with additional input on the legal and practical aspects of the draft law. Hearings with experts and stakeholders are expected to take place in the following weeks, after which the committee will continue its examination of the proposal.

For further information, please find the draft law here (In Dutch and French) and read the following press release (in French).