1. Introduction
With a new government comes some changes to the immigration system as we know it. This blog post explores the Border Security, Asylum and Immigration Bill which is set to be introduced by Parliament, as was announced in the King's Speech at the State Opening of Parliament last month. The Bill was announced alongside many other Bills which are due to be introduced in the new parliamentary session.
2. What Will Be the Purpose of the Border Security, Asylum and Immigration Bill?
The King's Speech delivered on 17 July 2024 sets out the aims of the Bill in summary:
"My Government will seek to strengthen the border and make streets safer. A Bill will be introduced to modernise the asylum and immigration system, establishing a new Border Security Command and delivering enhanced counter terror powers to tackle organised immigration crime [Border Security, Asylum and Immigration Bill]."
The focus of the bill therefore is to strengthen borders and reforming the asylum system. It is considerably protective.
3. What Has Prompted the Border Security, Asylum and Immigration Bill?
The Bill is to be brought in by the new Labour government to action their immigration plans. The background briefing notes provide the factual background as to why the Bill is deemed necessary, the key facts are as follows:
- The Migration and Economic Development Partnership (MEDP) with Rwanda has failed to deter boat crossings. After two-and-a-half years, no enforced relocations to Rwanda have taken place, and crossings in the first half of the year reached record highs.
- Rwanda has to date received £290 million under the MEDP, with only four volunteers transferred. Withdrawing from the MEDP now will save over £100 million in future payments to Rwanda, alongside tens of millions of pounds of additional payments for a small number of individuals to be relocated.
- Under the previous government's Illegal Migration Act, the vast majority of those claiming asylum after arriving via small boat since March 2023 have been stuck in a backlog, eligible for accommodation with no realistic prospect of removal even for those from safe countries. This has led to a new backlog of claims.
- In the last financial year, total asylum support costs exceeded £5 billion, resulting in a Reserve Claim of £4 billion above forecast spend, driven by the use of asylum hotels which cost the taxpayer almost £8 million per day.
It should be noted that the Border Security, Asylum and Immigration Bill is not yet enacted. If it is, it will be applied throughout the UK.
4. What Can We Expect from the Border Security, Asylum and Immigration Bill?
The background briefing notes read alongside the Secretary of State for the Home Department Yvette Cooper's statement in Parliament on 22 July 2024 regarding Parliament's immigration plans, give some insight into what can be expected from the Bill. These are summarised as follows:
Border Security Command:
To address border security being undermined, the new Border Security Command, alongside wider law enforcement, will be given tools needed to 'crack down on criminal gangs', particularly with reference to smuggling gangs profiting from small boat crossings. It is suggested that some of the money saved from the Rwanda scheme will be invested into this new Border Security Command.
Regarding the role of the Border Security Command, the Secretary of State has said in Parliament:
"It will bring together the work of the Border Force, the National Crime Agency, the small boats operational command and intelligence and security officers. The recruitment has begun for a new commander and we will put in place additional cross-border officers, investigators, prosecutors, and intelligence and security officers with the new counter-terror-style powers against organised immigration crime announced in the King's Speech last week. We are immediately increasing UK officers' involvement in Europol and the European Migrant Smuggling Centre."
It suggests that law enforcement officers will be given stronger powers to investigate organised immigration crime, including stopping and searching at the Border.
Deterrents and Penalties:
The Border Security, Asylum and Immigration Bill aims to deter and penalise those involved in organised immigration crime. It suggests this could include preparatory offences, for example enabling the advertising of services of a migrant smuggling group and precursor offences, including the supply of materials needed to facilitate organised crime gangs. Specific details regarding the form of deterrence and penalties have not yet been shared.
Reforming the Asylum System:
The Border Security, Asylum and Immigration Bill l aims to 'fix the broken asylum system'. It is well documented that the new government does not intend to pursue the Rwanda Scheme. It hopes to end the Migration and Economic Development Partnership with Rwanda and to redirect money into the Border Security Command. Instead of the Rwanda scheme, it is suggested that a 'serious returns and enforcement programme' will be introduced.
The Secretary of State and the Prime Minister have explained that they intend to work closely with European neighbours in order to, "tackle the upstream causes of migration, including through the Rome process."
Measures such as ensuring rules are enforced by ending hotel use through clearing the asylum backlog, ensuring fast-track returns for those coming from safe countries through this Bill.
The Illegal Migration Act 2023 is described as unworkable, contradictory and unaffordable. It therefore suggests that it will be repealed. The Secretary of State has indicated that the new Bill will end the retrospective nature of the Illegal Migration Act 2023 provisions, in an effort for the Home Office to be able to tackle the backlog in asylum cases.
Alongside this, the Prime Minister committed to making immigration policy and border security a priority at his first summit with 45 European leaders last month at Blenheim Palace. In the Prime Minister's remarks at the opening plenary session of the European Political Community on 18 July 2024 he said:
"As we speak, as we gather here, a criminal empire is at work in every country represented here today. Profiting off human misery and desperation. Prepared to send infants, babies, pregnant mothers, innocent people to their deaths. And last week four more souls, and actually, last night another one, were lost in the waters of the English Channel.
A chilling reminder of the human cost of this vile trade. And this summit is an opportunity to set a new path on illegal migration, to transform the way that we work together on border security and law enforcement. And to say, together: no more. And in the UK our new Border Security Command will work in partnership with you."
The Prime Minister emphasised the need to work together with European countries to combat these issues in a bid to maintain relations with European networks following Brexit.
5. What Other Bills Announced in the King's Speech May Be Relevant to Immigration Law?
Of note is the Skills England Bill which was also announced in the King's Speech. This Bill would aim to simplify and improve the skills system, through establishing Skills England, which will work organisations including the Migration Advisory Committee to assess the current and future skill needs in the UK. The Bill aims to establish a formal relationship between migration data and skills policy to ensure that training in England accounts for the needs of the labour market. This will inform policy priorities for the Department for Education.
6. What are the Labour Party's Other Plans for Immigration?
On top of the above, the Labour Party has issued general statements regarding their plans for immigration policy, including the following:
"Labour's immigration policy will reduce the reliance on overseas workers, address home-grown skills shortages and ensure that hard work is rewarded with proper wages and conditions.
Labour supports a points-based immigration system that works for workers and businesses."
Labour further says they will do the following:
- Boost Britain's skills by joining-up Whitehall systems to spot and tackle skills shortages – so we can fire up skills training rather than look overseas to fill skills gaps, and end the days of sectors languishing on the shortage of skills list without a plan to deal with the problem.
- Reform the points-based immigration system, bringing down migration. We will instruct the Migration Advisory Committee (MAC) to partner with the other government agencies to ensure joined-up action to deliver the skills needed for growth, including priority sectors for our industrial strategy. We will work to reduce the need for international recruitment, boost per-capita growth, and ensure quick responses to changes in the labour market.
- New powers to ban hiring from overseas for employers and recruitment agencies who break employment law. An end to workplace exploitation, where migration is used as a way to undercut the terms and conditions of workers here.
Other aspects of immigration policy, such as information on business immigration routes to the UK, Home Office application fees and dependent applications have not yet been addressed by the proposed Border Security, Asylum and Immigration Bill. These are aspects of policy and law which Applicants and businesses are somewhat left in the dark about currently. There may therefore be more immigration law and policy changes in light of Labour's reported plans to come shortly.
7. Contact Our Immigration Barristers
For expert advice and assistance in relation to immigration matters contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
8. Frequently Asked Questions
What is the Border Security, Asylum and Immigration Bill?
The Border Security, Asylum and Immigration Bill is a proposed piece of legislation in the UK aimed at strengthening border security, reforming the asylum system, and enhancing counter-terror powers to combat organised immigration crime. It was announced in the King's Speech at the State Opening of Parliament in July 2024.
What are the key goals of the Bill?
The main objectives of the Bill are to:
- Establish a new Border Security Command to unify and strengthen efforts against organised immigration crime.
- Reform the asylum system to address backlogs and improve processing times.
- End the Migration and Economic Development Partnership (MEDP) with Rwanda, redirecting funds to more effective border security measures.
- Introduce deterrents and penalties for those involved in human smuggling and related crimes.
Why is the Bill being introduced?
The Bill is being introduced by the new Labour government to address several ongoing challenges in the UK's immigration system, such as the failure of the Rwanda scheme to deter illegal crossings, the rising costs of asylum support, and the backlog of asylum claims. The government aims to create a more effective immigration system.
What is the Border Security Command?
The Border Security Command is a proposed new structure within the UK's law enforcement framework. It will bring together various agencies, including the Border Force, National Crime Agency, and intelligence officers, to combat organised immigration crime more effectively. The Command will have enhanced powers.
What will happen to the Rwanda scheme?
The Migration and Economic Development Partnership (MEDP) with Rwanda, often referred to as the Rwanda scheme, will be discontinued under the new Bill. The scheme has been deemed ineffective, with minimal relocations and high costs. Funds previously allocated to the MEDP will be redirected to strengthen border security and other immigration initiatives.
How will the asylum system be reformed?
The Bill proposes several reforms to the asylum system, including:
- Ending the use of hotels for asylum seekers by clearing the existing backlog of claims.
- Introducing a fast-track process for returning individuals from safe countries.
- Repealing the Illegal Migration Act 2023, which has been criticised for being unworkable and costly.
- Implementing a new enforcement program to ensure that immigration laws are effectively applied.
Will the Bill affect legal immigration routes?
While the Bill focuses primarily on border security and asylum reforms, it is part of a broader immigration strategy by the Labour government. The Labour Party has also expressed plans to reform the points-based immigration system, reduce reliance on overseas workers, and address skills shortages in the UK. However, specific details on changes to legal immigration routes are yet to be fully outlined.
What other related legislation was announced alongside this Bill?
The Skills England Bill, also announced in the King's Speech, is relevant to immigration law. It aims to improve the UK's skills system by establishing Skills England, which will work with the Migration Advisory Committee to align training with labour market needs. This Bill seeks to reduce the need for international recruitment by addressing domestic skills shortages.
What penalties will be introduced for organised immigration crime?
Specific details of the penalties have not yet been shared, the Bill aims to introduce stronger deterrents and penalties for those involved in organised immigration crime.
What is the Labour Party's overall immigration policy?
The Labour Party's immigration policy focuses on reducing reliance on overseas workers, addressing domestic skills shortages, and ensuring fair wages and conditions for workers. They support a reformed points-based immigration system.
9. Glossary
Asylum System: A legal framework that allows individuals who are fleeing persecution or serious harm in their home country to seek protection in another country. The asylum system includes processes for applying, evaluating claims, and granting refugee status.
Backlog: The accumulation of unprocessed or delayed asylum claims within the immigration system. A backlog often leads to extended waiting periods for claimants seeking resolution of their cases.
Border Force: The UK government agency responsible for securing the country's borders, preventing illegal immigration, human trafficking, and smuggling activities.
Border Security Command: A proposed new command structure within the UK government that would unify efforts across multiple agencies to enhance border security, focusing on combating organised immigration crime, particularly human smuggling.
Deterrence: Measures or strategies intended to discourage illegal activities, such as unauthorised border crossings or human smuggling, by increasing the risks or consequences for those involved.
Illegal Migration Act 2023: A piece of legislation introduced by the previous UK government, which sought to deter illegal migration through stricter penalties and procedures but was criticised for being unworkable and expensive.
Labour Party: One of the major political parties in the United Kingdom, currently leading the government. The Labour Party has proposed reforms to the immigration system, including the introduction of the Border Security, Asylum and Immigration Bill.
Migration and Economic Development Partnership (MEDP): A controversial agreement between the UK and Rwanda intended to deter illegal immigration by relocating some asylum seekers to Rwanda. The partnership has been criticised for its high costs and low effectiveness.
Migration Advisory Committee (MAC): An independent body that advises the UK government on migration issues, including the impacts of immigration and how to balance the needs of the labour market with immigration policies.
Points-Based Immigration System: An immigration system where applicants are awarded points based on various criteria (e.g., skills, qualifications, job offers) to determine their eligibility to enter a country. The UK currently uses a points-based system to manage work-related immigration.
Prime Minister: The head of government in the United Kingdom, responsible for overseeing the operation of the government and the implementation of policies. The Prime Minister plays a key role in setting immigration policy.
Rwanda Scheme: Another term for the Migration and Economic Development Partnership (MEDP) between the UK and Rwanda, which aimed to relocate some asylum seekers to Rwanda as a deterrent against illegal immigration.
Secretary of State for the Home Department: The UK government official in charge of the Home Office, which oversees immigration, security, and law and order. The Secretary of State plays a central role in shaping and implementing immigration policies.
Skills England Bill: A proposed piece of legislation aimed at improving the skills system in England, with a focus on aligning training with labour market needs. This bill is relevant to immigration as it seeks to reduce the reliance on overseas workers by addressing domestic skills shortages.
State Opening of Parliament: A ceremonial event in the UK where the monarch delivers the King's Speech, outlining the government's legislative agenda for the coming session of Parliament.
10. Additional Resources
UK Parliament: Access to official documents, debates, and proceedings related to the Border Security, Asylum and Immigration Bill and other legislation. The Parliament website also offers resources on how a bill becomes law and current parliamentary sessions.
ILPA (Immigration Law Practitioners' Association): A membership organisation for immigration law professionals that provides resources, training, and updates on immigration law in the UK.
Migration Observatory: Based at the University of Oxford, this organisation offers in-depth analysis and data on migration trends, policies, and public opinion in the UK.
Institute for Public Policy Research (IPPR): A think tank that frequently publishes reports and studies on immigration, asylum, and integration policies in the UK.
Refugee Council: An independent charity that supports refugees and asylum seekers in the UK. Provides advocacy, legal advice, and resources for understanding the impacts of asylum policies.
Amnesty International UK: Focuses on human rights issues, including asylum seekers' rights and immigration policies. Their reports and campaigns offer insights into the humanitarian aspects of immigration laws.
The Guardian – Immigration and Asylum: In-depth reporting and opinion pieces on UK immigration, asylum laws, and the societal impacts of these policies.
British and Irish Legal Information Institute (BAILII): Provides access to British and Irish case law, legislation, and other legal materials. A useful resource for those looking to research legal precedents related to immigration and asylum cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.