Illegal Migration Act 2023

Stop The Boats

Acts such as this perpetuate the overall idea that anyone who is not fortunate enough to ‘use the proper channels’ to claim asylum in the UK is automatically deemed as criminal, leading to prejudice and institutionalised xenophobia. The content, wording and impacts of the Illegal Migration Act are focused on detention and removal, rather than making the process for these vulnerable people safer or making the ‘proper channels’ more attainable. These practices woven into the foundation of the Illegal Migration Act have begun and will continue to negatively impact those that it specifically targets, children, asylum seekers and victims of modern slavery and human trafficking. 

The Initial Government Bill

The former bill was enacted despite the apprehension from the House of Lords and criticism from academics, lawyers, and humanitarians alike. This concern is due to its wide scope of impact, people who lack documents to enter the UK; arrived in the UK after 20 July 2023; did not come directly to the UK from a country where their life is in danger; and have no leave to enter through the normal channels. This will encompass a large number of people who rely upon the kindness of other countries to flee from danger and persecution. The Guardian expressed concerns surrounding the bill before its enactment, stating that it struggled with ‘legal uncertainty’ due to whether the bill would be compatible with Human rights, as enforced by the European Court of Human Rights (ECHR). This is supported by a Human Rights Committee article that found there were ‘Widespread human rights failings’, and by the statutory declaration from the Home Secretary stating that she was not able to declare whether the bill was compatible with the ECHR. ‘The Joint Council for The Welfare of Immigrants’ states that the act ‘undermines universal human rights’ by ‘remov[ing] important legal protections, making people less secure under human rights law… exclud[ing] people subject to it from Section 3 of our Human Rights Act’. This, they state is a provision that has never happened before in the UK. This raises concerns surrounding the suitability of the Act and its treatment of those that it targets. 

Subsequent Affectees

The Illegal Migration Act endangers both children and victims of human trafficking or human slavery, ‘The UK Illegal Migration Bill: a child rights violation and safeguarding catastrophe’ notes that both the provisions imposed upon themselves as well as the stress from potentially losing family members to detention and deportation can negatively impact their health. While there are some protections towards children with some provisions preventing their removal or deportation, the fear alone of losing parents, other family members and friends could spike an increase in health problems for those under 18. However, unaccompanied children can be ‘removed’ if certain conditions are met, namely reuniting the child with family members overseas. This could in turn increase the amount of danger a child is in by relocating them to a less-than-safe third country. Section 4(3)(d) states that the secretary of state can also make up any new conditions for the removal of children any time they would like, as the regulations are under their discretion. This opens the door for the potential removal of asylum-seeking children from the UK for many currently undecided reasons, with many families seeking asylum unable to combat any decisions made against them. This further provides evidence that the Illegal Migration Act blatantly disregards the ECHR and Human Rights and enforces this damaging precedent.

Similarly, ‘Modern Slavery in the United Kingdom: The Illegal Migration Act risks undermining efforts to combat exploitation’ explores the damage that the Act imposes on victims of modern slavery and human trafficking, by denying support measures such as the 45 days of ‘move on’ support and narrows the margin for those to be considered victims. This article states that even the threat of deportation and detention can cause significant medical issues. This, in tandem with the Human rights concerns, highlights the dangerous impacts that The Act will impose. The Act has also removed the protections under the Modern Slavery Act if convicted of a criminal offence, despite the hugely difficult journey they must have taken to be able to apply for rights as victims of human trafficking and modern slavery. ‘The Joint Council for The Welfare of Immigrants’ comments ‘portraying victims of trafficking and forced labour as criminals, the government is punishing them for things they were coerced into doing’, emphasising the criticism that The Act must undergo to highlight the significant damage to extremely vulnerable people from overseas.