The text carried by the Minister of Asylum and Migration Anneleen Van Bossuyt and her colleague at Justice Annelies Verlinden intends to create an unprecedented legal framework: authorize the police and agents of the Foreigners’ Office to enter a private home in order to carry out an administrative arrest.
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The measure would not apply to all people residing illegally, but only to those who systematically refuse to cooperate with their return and who represent, according to the government, a danger to public order or national security.
Added to this double condition is a procedural guarantee: prior authorization from an investigating judge will be required. People arrested during these operations would be immediately taken to a closed center before potentially being expelled.
Flemish nationalist Anneleen Van Bossuyt ardently defends the system: “It is unacceptable that even today, criminals in an irregular situation can escape being deported by hiding behind their front door. Thanks to this bill, our services will no longer be powerless in the face of this phenomenon.”
His government partner, the Christian Democrat Annelies Verlinden, adopts a more measured register, insisting on the balance between firmness and the rule of law: “A credible return policy requires not only clearly established rules, but also the possibility of applying them really. We act in accordance with the principles of the rule of law and human dignity, providing clear guarantees.”
Opposition with headwinds
On the side of the opponents, the reaction is particularly vehement. Ecolo MP Claire Hugon Lecharlier denounces “an additional attack against the dignity of migrants, but also an attack against the freedoms of everyone, against solidarity”. His socialist counterpart Khalil Aouasti describes the text as “revolting”, recalling that existing legislation already allows people to be arrested – regardless of their nationality or status – as part of a judicial investigation for criminal offences.
In civil society, Sotieta Ngo, the director of Coordination and Initiatives for Refugees and Foreigners (Ciré), does not hesitate to establish a parallel with ICE, the controversial American agency responsible for tracking down migrants in situation irregular: “I’m not sure that our fellow citizens want to see this policy and the clashes to which it led repeated in Belgium. Whatever we think about migration policy, we don’t want this violence.”
Who is really targeted?
One of the thorniest questions raised by the text concerns the very definition of “criminal” or person representing a danger to public order.
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The president of the liberal-social party DEFI, Sophie Rohonyi, points out an ambiguity with potentially far-reaching consequences: “The home visit may take place against any foreigner considered to be capable of compromising public order or national security. However, participating in an unauthorized demonstration, begging, or even working undeclared, these are disturbances to public order.”
Such an extensive definition, according to her, would shatter the government’s assurances that the system would be reserved for serious cases such as terrorism.
A measure with a turbulent history
Home visits have been debated in Belgium for almost ten years. The measure has its roots in the years 2017-2018, under the Michel government, a time when the Flemish nationalist N-VA of Bart De Wever and its Secretary of State Theo Francken already had it as a hobby horse.
The text had triggered a considerable outcry: NGOs, unions, lawyers, magistrates and part of the majority itself – notably within the Reform Movement, the party of Charles Michel – were firmly opposed to it.
The project was finally put in a drawer. The idea of seeing police officers force the door of a citizen providing assistance to an illegal migrant had raised fears of a return to the dark years of the Occupation.
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Today, the debate seems less explosive, even if the opposition remains lively. This apparent decline in mobilization seems to be explained by the general tightening of migration policies at the European level, which has gradually normalized a security discourse that was once more contested. However, the legal objections have not weakened.
A broader security climate
Let us point out, however, that before its vote in plenary, the text of the law will have to be re-examined by the Council of State – which had already been particularly severe during its previous examination. pointed out serious violations of fundamental rights, in particular the inviolability of the home, and considered that additional guarantees were necessary, in particular for third parties residing in the accommodation concerned and for minor children. If adjustments have been made, they relate mainly to the statement of reasons rather than to the substance. text.
The government green light for home visits is part of a context of clearly strengthening public security. On Friday, while the text was initialed by the executive, soldiers carried out their first patrols at the Brussels-Midi station, alongside the railway police – a presence extended to Jewish institutions.
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The soldiers are on the streets again. Following the terrorist attacks of 2015 and 2016, some 1,800 men were mobilized, before gradually returning to their barracks.
Ministers Quintin (Interior) and Francken (Defence) outlined the framework for this mission: soldiers do not have the power of arrest, only the police can draw up a report. Patrols are placed under police authority. “We don’t want to move towards a militarization of society,” Theo Francken insisted.
This six-month deployment will be evaluated before any renewal, and a future “Defense Code” should ultimately further formalize the skills of the military in such circumstances.
