Conservative MP and Home Secretary, Suella Braverman introduced the Illegal Migration Bill on 28 March 2023. It’s also referred to as the illegal immigration bill or the refugee ban bill and is a piece of legislation currently processing through the UK’s government with a view to it becoming law.
If the bill is passed, people who arrive to anywhere in the UK and meet four conditions will be removed from the country. These conditions are:
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- Entered in breach of normal immigration laws;
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- Entered or arrived in the UK on or after 7 March 2023;
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- Travelled through a safe third country; and
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- Requires leave to enter or remain but does not have it.
Those who meet all of these conditions are to be deported “as soon as is reasonably practicable after the person’s entry or arrival in the United Kingdom” (clause 5(1)).
Why is the illegal immigration bill being introduced?
The Illegal Immigration Bill is positioned as the law that will stop migrant families being able to come to the UK to live without having gained the proper permission first. If people are found to have crossed the UK border ‘illegally’ they’ll never be granted leave to remain. This means that migrant gangs’ current business models are no longer viable, breaking their stronghold.
In reality, it’s unlikely that Illegal Immigration Bill will help stop this awful circle. Making people ‘illegal’ simply fuels the underworld. People who arrived in the UK in breach of the four conditions will be forced into hiding from the government to avoid being deported. This is where the new migrant gang business model will be given space to flourish. Instead of starving desperate families of their life savings in return for a spot on a precarious, barely floating vessel that may cost them their lives, they’ll find new ways to marginalise the families in their time of need.
What’s the problem with the illegal immigration bill?
The bill has been created to deter people from coming to the UK by two means. Those who arrive in the UK without prior asylum arrangements will be threatened with deportation. They’ll either be sent back to their home country, the country they came directly to the UK from, a country they ‘believe’ they’ll be admitted to or a ‘safe’ country like Rwanda, where people will be held in immigration centres while their asylum application is progressed.
Secondly, anyone who comes to the UK outside of the immigration law will never have access to our asylum system. They’ll never be allowed to stay here, work here, lawfully contribute to our economy, no matter their valuable skillset; and neither will their families.
If the bill was to pass, children, babies and everyone else who comes here after 7th March 2023 without completing the arduous asylum seeking process won’t be allowed to stay in their new home. Regardless of how an individual has arrived here, whether it be by a way out with their control, they’ll not be allowed to stay. Individual circumstances won’t be considered. Those trafficked here and victims of modern slavery will be forced into yet more pain as they have to choose between staying in the horrifying situation they’re in or seeking safety and likely being deported to yet more danger.
Can children be deported under the illegal immigration bill?
It’s even more worrying when it comes to children. Those under 18 will not be removed from the country, although their families could be. Meaning that children will be forcibly ripped from their families, housed by the council or government until they turn 18 when they will be deported from their home – even if they’ve lived here all their life.
Is the illegal immigration bill legal?
It depends on who you ask. The UK government believes that the bill is “within our international obligations”. However, the bill has received criticism from many charities and other organisations who believe that it breaches international law and is completely unworkable.
Amnesty International is calling for the bill to be dropped entirely, as it will “place the UK outside of international law, create a charter for human exploitation and further stir up division and hate.”
More recently the Equality and Human Rights Commission (EHRC) said “the Illegal Migration Bill also risked exposing people to serious harm”.
Will the illegal immigration bill become law?
At time of writing, the bill has passed the first and second reading and the committee stages in the House of Commons. This is where Members of Parliament have the opportunity to ask questions about a bill and propose changes which they vote on. Once a bill has passed this stage and is read a final time, it’s passed to the House of Lords. If the House of Lords agree, the bill will become law.
Does the illegal immigration bill apply to Scotland?
Immigration law made in London applies to all of Scotland and our government has no say in the creation. However, there are Scottish MPs that we can call upon to reject the bill; you can see how MPs voted here. Hundreds of organisations are banding together to implore the Scottish government to reject the bill and refuse legislative consent.
How can you help?
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- Sign the ‘Stop the Illegal Migration Bill’ petition: Stop the Illegal Migration Bill – Petitions (parliament.uk)
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- Learn more from Amnesty International’s Briefing: Amnesty International UK Briefing Government Immigration Bill – Second Reading, Commons[31].pdf
- Learn more about what you can do here: Fight the Anti-Refugee Laws – Refugee Action (refugee-action.org.uk)
