By John Ikani
The UK government is set to introduce the Illegal Migration Bill to Parliament, which aims to prevent migrants arriving in small boats from claiming asylum, block them from returning or seeking citizenship, and ultimately remove them from the country.
This new law, which will take precedence in law over someone’s right to claim asylum, has been described by Prime Minister Rishi Sunak as “fair for those at home and those who have a legitimate claim to asylum”.
The government believes the issue of migrant crossings matters to voters and will be key at the next election, and ministers are prepared to test legal limits to address it.
The PM has made tackling the issue one of the central pledges of his premiership. Ms Braverman accused Labour of “betraying hard working Brits” by not backing the plans.
Last year, more than 45,000 people entered the UK via Channel crossings, up from around 300 in 2018.
Home Secretary Suella Braverman said the bill would push “the boundaries of international law” without breaking it and that the measures were needed to “solve this crisis”.
However, the Labour leader Sir Keir Starmer has called the proposals “unworkable”.
What are the new measures?
Under the new measures, the home secretary would have to detain and remove those arriving illegally to Rwanda or a “safe” third country “as soon as reasonably practicable” – no matter where they come from.
The government already has a policy in place aimed at deporting some asylum seekers to Rwanda – but so far no one has been sent there and any plans to do so are currently being held up by legal challenges.
The Times reports two former RAF bases in Lincolnshire and Essex would be used to house those detained before their removal.
However, the Immigration Services Union representing border staff called the plans “quite confusing”, as they did not seem possible without the Rwanda policy functioning.
The union’s Lucy Moreton also suggested on BBC Radio 4’s Today programme that smuggling gangs would tell people “quick, cross now before anything changes”, risking an increase in the number of crossings.
Technicalities and obstacles
Under the proposals, the home secretary would be placed under a “duty to remove” those arriving illegally in the UK.
This would apply retrospectively, meaning anyone arriving in the UK illegally from Tuesday would be at risk of deportation.
The bill would not become law for several months.
The new laws are expected to strain the UK’s commitment to the European Convention on Human Rights and the UN’s Refugee Convention, which currently give rights to asylum seekers arriving in the UK.
Reports suggest the legislation will come with an unusual legal warning, a “Section 19b” statement, which is a formal alert to MPs that the proposals may be incompatible with human rights and therefore could fail before the courts.
The government is expected to face a number of serious practical obstacles in making any of the proposed measures a reality.
While it has a majority in the Commons, parts of the plan could be blocked in the Lords.
And if it becomes law, there will be a slew of challenges to judges.
