The Government announcement of “Illegal Migration Bill” this week raised a flood of criticism and concerns amongst legal practitioners, campaigners, and vulnerable migrants alike.
The Illegal Migration Bill UK 2023 is a proposed piece of legislation that seeks to address issues relating to illegal immigration in the United Kingdom. The Bill has been introduced in response to concerns about the impact of illegal migration on the country’s economy, public services, and social fabric.
The proposed Bill would introduce several measures to combat illegal migration, including tougher border controls, increased penalties for those who facilitate illegal immigration, and stronger enforcement of immigration laws. One of the key provisions of the bill is the creation of criminalising illegal entry into the UK through boats or other means.
The Bill would also introduce measures to make it easier to remove those who are in the country illegally. This would include expanding the use of electronic monitoring to track individuals who have been ordered to leave the country, as well as increasing the number of immigration enforcement officers who are responsible for identifying and removing illegal immigrants.
Critics of the Bill argue that it is overly punitive and will lead to increased discrimination against immigrants, particularly those who are from ethnic minority backgrounds. They also argue that the bill fails to address the root causes of illegal migration, such as poverty, political instability, and conflict, and that it will not be effective in reducing illegal immigration.
Proponents of the Bill argue that it is necessary to address the issue of illegal migration in order to protect the interests of UK citizens and to maintain the integrity of the country’s borders. They also argue that the bill will provide a strong deterrent to those who seek to enter the country illegally, and that it will help to reduce the burden on public services and the economy.
Overall, the Illegal Migration Bill UK 2023 is a controversial piece of legislation that has sparked debate and discussion among policymakers, immigration experts, and the public. While it remains to be seen whether the Bill will be enacted into law, the issue of illegal migration will continue to be a major agenda for the UK government.
An obvious support of such a measure is also reflected in the decision of Rex v Ashari Mohamed & others where the Court of Appeal upheld that asylum seekers can be prosecuted for entering the UK by clandestine means.
In light of such circumstances we can only predict the appeals for cases concerning asylum and humanitarian grounds to become more complex and stringent. HJT’s Live Webinar: Current Issues in Immigration Appeals comes right in time. Led by our Director Mark Symes and Adam Pipe from No8 Chambers, this webinar aims to they take you through the main themes including current case law on appeals procedure and the main substantive law issues in appeals, going through the FTT presently. (For more information or to book visit https://lnkd.in/ey_vnu64)
Government’s plan to curb illegal migration continues to extend to stricter checks on businesses, evident from arrests made of people working illegally in care home this week. We also have a Live Webinar Right to Work Checks scheduled on 23rd March 2023.To know more or to book, click here
This and more covered for you in our Immigration News Weekly Roundup.
NEWS
Over 320 foreign criminals and immigration offenders returned – Home Office
The Home Office returned more than 320 foreign criminals and immigration offenders with no right to be in the UK last month as part of efforts to stop the boats. The people who were returned to their home countries included over 200 foreign national offenders, over 30 asylum offenders and over 85 non-asylum offenders, with more than 15 known to have arrived in the UK via small boats. To read more, click here
Illegal Migration Bill released by the Home Office
The Illegal Migration Bill will change the law so that those who arrive in the UK illegally will not be able to stay here and will be instead detained and then promptly removed, either to their home country or a safe third country. The Bill has been released on 8th March 2023. To view the full Collection of Bill, click here
To know more about this ground breaking law, click here
To read the Home Secretary’s statement on the Illegal Immigration Bill, click here
Home Office staff accuse of Braverman of ‘cowardly attack’ and say small boats plan ‘wont work’ – The Independent
Proposals to turn back all arrivals have provoked a huge row, with the government saying something must be done to stop migrants, while the UNHCR condemned the idea as illegal. Staff within the Home Office told The Independent that the home secretary’s plans are mere “empty threats” and will not work, while former Tory ministers called for more safe and legal routes to be established for asylum seekers. To read more, click here
The Channel migrant crisis – a timeline by The Independent
An excellent timeline by The Independent itemising the historic unfolding of the events leading up to the announcement in the Commons about the channel crossings. To read more, click here
Statement of Changes to the immigration rules: HC 1160, 9 March 2023
The Statement of Changes has been released. Amongst other developments, the innovator visa is now replaced with Innovator Founder route. To download the Policy Paper, click here
UK anti-slavery post left unfilled by Home Office since April 2022 – The Guardian
The role of the independent watchdog overseeing government anti-slavery policy has been left vacant for more than 10 months at the same time as cases of suspected trafficking have hit an all-time high, it has emerged. Dame Sara Thornton, the previous anti-slavery commissioner, resigned on 30 April last year, but has not been replaced by the home secretary, Suella Braverman, despite a legal requirement for the post to be filled. To read more, click here
Suella Braverman accused of rule breach over ‘blob of civil servants’ email – The Guardian
Suella Braverman has been accused of potentially breaking ministerial rules by questioning the impartiality of public servants over small boat crossings in a Conservative campaign message. To read more, click here
Rishi Sunak ‘extinguishing the right to seek refugee protection in UK’ – The Guardian
UNHCR has been ‘profoundly concerned’ by bill that would allow government to criminalise, detain and deport asylum seekers. To read more, click here
‘Martyn’s law’ anti-terrorism bill to be published this spring, says Braverman – The Guardian
Ministers promised legislation forcing venues to draw up plans to prevent attacks, in wake of Manchester Arena deaths, in December. To read more, click here
Six arrested in operation targeting illegal working in care industry – Home Office
Six arrests have been made as part of a Home Office investigation into illegal working in the care sector. Home Office Immigration Enforcement teams executed six warrants at properties on Alma Road, Southampton in a pre-dawn visit on Wednesday 1 March. To read more, click here
Anger grows over Afghan journalists still stranded by Home Office inaction – The Guardian
Press members living under the Taliban, and living uncertain lives in Pakistan, must be given clarity say campaign groups. Hundreds of Afghan journalists remain stranded in increasingly “dire” circumstances as frustration mounts over the UK government’s refusal to share the last entry criteria for its flagship resettlement programme. To read more, click here
The Guardian view on the Home Office: residency rules are prolonging misery – The Guardian
The 10-year route to settlement forces people into poverty and separates them from society. The last decade, the immigration system has sought to make life nearly impossible for many seeking a better future in Britain. The rationale has been that it diminishes hostility to refugees and migrants. If people aren’t allowed to claim benefits, they can’t be accused of being a burden. If they’re forced to wait years before gaining leave to remain, many will leave of their own accord. If the system is harsh, it will function as a deterrent. To read more, click here
UK police and Border Force to remain locked out of EU database of criminals – The Guardian
Home Office admits vital access to Schengen Information System II lost for up to four years. Frontline police and border force officers will remain locked out of information on a key EU database of terror suspects, criminals and immigration offenders for at least another four years, the Home Office has quietly admitted. To read more, click here
Gary Lineker responds to critics of his immigration policy comments – The Guardian
In response to Suella Braverman’s policy about stopping people crossing the Channel in small boats, To read more, click here
INDEPENDENT REPORTS
Research and analysis Modern slavery referrals for people detained for return after arriving in the UK on small boats has been published on 7th March 2023. To down load the report, click here
CASE LAW
Rex v Ashari Mohamed & others [2023] EWCA Crim 211
Mr Justice Cavanagh had ruled that in the absence of a valid entry clearance, asylum seekers can be prosecuted on the grounds of promoting illegal migration. This decision was dismissed by Court of Appeal on the appeal of the four Sudanese men persecuted. To download the full decision, click here
HOME OFFICE DOCUMENT UPDATES
- Illegal Migration Bill: overarching documents has been published on 8th March 2023. To read the Policy Paper, click here
- Transparency data Migrants detected crossing the English Channel in small boats has been updated on 8thMarch 2023. To download the data, click here
- Transparency data Windrush Compensation Scheme data: January 2023 has been published on 8th March 2023. To download the data, click here
- Guidance Handling complaints in immigration removal centres has been published on 7th March 2023. To download the Guidance, click here
- Guidance Afghan resettlement has been updated on 6th March 2023. To download the updated Guidance, click here
- Guidance Support for British and non-British nationals in Afghanistan has been updated on 2nd March 2023. To download the Guidance, click here
- Statutory guidance on Modern slavery: how to identify and support victims. To download the Guidance, click here
- Official Statistics Modern Slavery: National Referral Mechanism and Duty to Notify statistics UK, October to December 2022 has been updated on 2nd March 2023. To download the data, click here
- Guidance Forced marriage has been updated on 7th March 2023. To download the Guidance, click here
- Transparency data Ukraine Visa Schemes has been updated on 2nd March 2023. To download the data, click here
