The Controversial Illegal Migration Bill: All You Need to Know
The UK has recently seen a new bill introduced by Home Secretary Suella Braverman, aimed at addressing the issue of illegal migration to the country. The new “illegal migration bill” focuses specifically on those attempting to enter the UK illegally via the channel on small boats.
Illegal migration has been a growing concern in the UK, with many asylum seekers making the dangerous journey across the English Channel in small boats. The government is facing a crisis with limited resources to process all the claims, resulting in a backlog of 160,000 claims waiting to be processed.
The aim of the new Illegal Migration Bill is to provide a solution to this problem by changing the way the UK’s asylum system works. The bill will give the government the power to detain asylum seekers for 28 days without bail and remove them to a safe third country without processing their asylum claim.
The bill has already faced criticism from various quarters, including the UN’s refugee agency, who have expressed concerns that it amounts to an asylum ban, which is a clear breach of the Refugee Convention. The bill may also break the European Convention on Human Rights, as stated by the government themselves.
Background to the “Small Boats Crisis” in the UK
Since the 1990s, the UK has been faced with the issue of asylum seekers coming to the country from Europe. Most of these asylum seekers arrived in the UK via trucks, ferries, or even the Eurostar. However, over time, the UK and French governments stepped up their security measures, such as patrols, fences, and heat sensors, making it more difficult for asylum seekers to enter the UK via these methods.
As a result, since around 2020, there has been a shift in the method of entry for asylum seekers, with more and more arriving in the UK via small boats crossing the English Channel. This has led to what is now known as the “Small Boats Crisis” in the UK.
The problem with this situation is two-fold. Firstly, the Home Office does not have the resources to process all the asylum claims, leading to a backlog of around 160,000 claims waiting to be processed. Secondly, the British state does not have the capacity to hold all the asylum seekers, resulting in cramped and illegal processing centers or the booking out of hotels to accommodate the migrants.
The “Small Boats Crisis” has become a political headache for the government, particularly the Conservative Party, who generally have a tough stance on immigration. Many of their voters are not in favor of the sight of migrants turning up in small boats or staying in hotels, making it a pressing issue for successive Conservative governments.
The Nationalities and Borders Act
In an attempt to address the issue of illegal migration and asylum seekers in the UK, the previous Home Secretary, Priti Patel, introduced the Nationalities and Borders Act. The act aimed to give the government more power to send people back and address the asylum seeker problem.
According to the act, any person arriving in the UK illegally will be deemed inadmissible and will be removed to the country they arrived from or a safe third country. This is similar to what the current Home Secretary, Suella Braverman, stated about the new Illegal Migration Bill introduced into parliament.
The Nationalities and Borders Act created two categories of refugees. Group one consists of those who have come to the UK directly from a country or territory where their life was threatened and who have immediately presented themselves to authorities. All other refugees are categorised as group 2.
This system allowed the authorities to treat the two groups differently, most notably in the amount of time they are allowed to spend in the country. This was a change introduced by the Nationalities and Borders Act and aimed to address the issue of illegal migration and asylum seekers in the UK.
Changes brought by the Illegal Migration Bill
The new Illegal Migration Bill introduced by Home Secretary Suella Braverman brings significant changes to the way the UK’s asylum system works. The bill fundamentally changes the rights of anyone arriving in the UK illegally.
Under the new bill, anyone arriving in the UK illegally will no longer have the right to claim asylum. Instead, the government will have the power to remove them to a safe third country without even having to process their asylum claim. This change is aimed at addressing the issue of illegal migration to the UK via the channel on small boats.
The government also has the power to detain asylum seekers for 28 days without bail. If the individual has not been removed from the country by the 28th day, they will only then be given bail.
The emphasis on the time period of detention will be placed on the Secretary of State’s opinion as to whether it is reasonable, rather than being determined by the court.
Additionally, the bill dissupplies Section 65 of the Nationalities and Borders Act, which gives asylum seekers who have been victims of modern slavery the right to remain in the UK for a brief period to recover from any physical or psychological harm.
The government argues that modern slavery rules are being abused to block removals, hence the dissupply of this section.
Criticism of the Illegal Migration Bill
The Illegal Migration Bill has received significant criticism from various quarters. The UN’s refugee agency has expressed profound concern about the bill, stating that it amounts to an asylum ban, which is a clear breach of the Refugee Convention.
The bill also raises concerns about its compatibility with the European Convention on Human Rights, with the government themselves admitting that the bill probably isn’t compatible. This has led to criticism of the government for breaking international commitments.
Additionally, the bill has been criticised for ending protections for modern slavery. The dissupply of Section 65 of the Nationalities and Borders Act, which gives asylum seekers who have been victims of modern slavery the right to remain in the UK for a brief period to recover, has been met with criticism and concern.
| Critic | Criticism |
|---|---|
| UN’s refugee agency | Concerns that the bill amounts to an asylum ban, violating the Refugee Convention |
| Law Society | Rule of law is undermined if the UK government takes the view that laws, international or domestic, can be broken |
| Critics of ending protections for modern slavery | Dissupply of Section 65 of the Nationalities and Borders Act, ending protections for modern slavery victims |
| Labour MP Jess Phillips | Criticised the Prime Minister for promoting the bill and questioned its impact on women escaping sex traffickers |
| Gary Lineker | Tweeted that the bill is “an immeasurably cruel policy directed at the most vulnerable people in language that is not dissimilar to that used by Germany in the 30s” |
Furthermore, the criticism of the bill includes the undermining of the rule of law. The Law Society explains that the rule of law is undermined if the UK government takes the view that laws, international or domestic, can be broken. If the government breaks laws, it breaks trust with its own citizens and its international partners.
Summary
The new Illegal Migration Bill introduced by Home Secretary Suella Braverman has faced significant criticism and opposition. The bill aims to address illegal migration to the UK via small boats, but has received criticism for violating the Refugee Convention, raising concerns about its compatibility with the European Convention on Human Rights, ending protections for modern slavery, and undermining the rule of law.
The battle to get the bill through parliament and onto the statute book has only just begun. With the government facing criticism from various quarters, it remains to be seen what the outcome of this issue will be.
Regardless of the outcome, it is clear that the issue of illegal migration to the UK and the government’s response to it is a complex and controversial matter that will continue to be a political and social issue for some time to come.
