The initial proposal, introduced by the federal government on 3 June 2026 and supported by Minister for Asylum and Migration Anneleen Van Bossuyt, would allow the Immigration Office to request authorisation from an investigating judge to enter a private residence accompanied by the police. The measure concerns foreign nationals who are subject to an order to leave the territory, refuse to comply with it and are considered to pose a threat to national security or public order.

The bill was approved following amendments adopted in committee, which introduce several changes to the proposed procedure. The period within which an investigating judge must decide on a request would be extended from five to seven days. A subsequent request concerning the same case would require a new element, while judges could request additional information from the competent minister or their representative before making a decision. The amendments also address situations in which children may be present in the residence concerned. The investigating judge would be able to determine specific arrangements for the home search in such cases. An evaluation of the law is planned 18 months after its entry into force, with particular attention to its impact on minors. 

The proposal has prompted strong reactions from civil society organisations, legal professionals and political representatives. Supporters of the bill argue that the measure is intended to facilitate the enforcement of orders to leave the territory in cases involving threats to national security or public order. Opponents argue that the amendments do not adequately address concerns about the inviolability of the home, judicial safeguards and the potential impact on children and people hosting undocumented migrants. Critics have also questioned whether the proposed measure is necessary given the legal instruments already available to the authorities.

On 8 October, the Centre d’Action Laïque published a statement entitled “Visites domiciliaires: Solidaires, haut les mains!”, opposing the bill alongside a broad coalition of civil society organisations, trade unions and legal professionals. The signatories expressed concern that the measure could undermine fundamental rights and expose people who provide accommodation to undocumented migrants to greater scrutiny. AVOCATS.BE, the association representing French- and German-speaking lawyers and bar associations in Belgium, also co-signed an open letter published in Le Soir on 7 October, together with around twenty organisations. The signatories called attention to the legal and human rights implications of the proposal.

The bill's approval in committee marks an important stage in its parliamentary progress. Its final outcome will depend on the remaining legislative procedure and the debate in the plenary session of the Chamber of Representatives.

For further details, please consult the parliamentary file on the bill.