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Illegal Migration Bill to be published tomorrow will propose to automatically make asylum claims by Channel crossers inadmissible

Summary

Critics says proposals in new bill are unworkable and will not stop the boats

By EIN
Date of Publication:

A significant week lies ahead for immigration law with the Government's new Illegal Migration Bill set to be published tomorrow.

BoatThe Times reported on Friday night that the new legislation is intended to prevent people from claiming asylum if they come to the UK via small boats across the English Channel. The bill is expected to propose to automatically make their claims inadmissible.

Prime Minister Rishi Sunak told the Mail on Sunday: "Since becoming Prime Minister, I have made the issue of illegal migration one of my top five priorities – pledging to stop the boats once and for all. Illegal migration is not fair on British taxpayers, it is not fair on those who come here legally and it is not right that criminal gangs should be allowed to continue their immoral trade. I am determined to deliver on my promise to stop the boats. So make no mistake, if you come here illegally, you will not to be able to stay."

A Government source told the Mail on Sunday that the legislation is pushing the boundaries of what is possible within the UK's international obligations. The source said previous legislation "did not go far enough in arming Government with the legal powers to detain and remove those who come here illegally."

According to the Daily Mail, the bill will severely restrict the use of Human Rights Act by asylum seekers arriving by boat. The Independent reported that asylum seekers coming to the UK through an unsanctioned route will be detained for up to 28 days before efforts are made to deport them to their home country or Rwanda.

BBC News noted that the bill's slew of proposed measures will also see Channel migrants banned from future re-entry and unable to ever apply for British citizenship.

Prime Minister Rishi Sunak and Home Secretary Suella Braverman will hold a summit with French president Emmanuel Macron on Friday to discuss the Channel crossings and other issues.

ITV News quoted a Home Office spokesperson as saying: "The Home Secretary has been clear that if you arrive in the UK illegally, you should not be allowed to stay. We will shortly introduce legislation which will ensure that people arriving in the UK illegally are detained and promptly returned to their home country or a safe third country. Our work with France is also vital to tackling the unacceptable rise in dangerous Channel crossings. We share a determination to tackle this issue together, head-on, to stop the boats."

Criticisms of the proposals in the bill were numerous.

A former Conservative minister told the Guardian that details as briefed to the media made the bill sound like a 'joke' that was designed to fail: "The proposals, if you believe the briefings and the leaks, are a joke and I just cannot see how they will get on to the statute. They look like an attempt to go into the general election with some clear blue water between us and Labour. Propose a hardline law, have it stopped by the EU and the courts, blame lefty lawyers and Labour for being soft on immigration."

A source said to be close to former Home Secretary Priti Patel told the Mail on Sunday that the bill was 'window dressing' and would become mired in the courts: "It's incredible that, having hyped up what they will do, they've not come up with anything remotely new, nor a game-changer."

Enver Solomon, chief executive of the Refugee Council, was quoted by ITV News as saying the new legislation would be unworkable, costly and it will not stop the boats.

Solomon said: "The government's flawed legislation will not stop the boats but result in tens of thousands locked up in detention at huge cost, permanently in limbo and being treated as criminals simply for seeking refuge."

The British Red Cross head of policy, Olivia Field, said on Twitter: "Support for these legislative proposals is usually based on two main misconceptions: that there are alternative safe routes available to these people; that policies of deterrence work. Neither are true."

Amnesty International UK's refugee and migrant rights director, Steve Valdez-Symonds, said the bill was "disgraceful posturing and scaremongering" that "promises nothing but more demonisation and punishment of people fleeing conflict and persecution who dare to seek asylum in the UK by means to which government has chosen to restrict them."

Opposition leader Keir Starmer said this morning on LBC that the Government's new plans merely echoed the same promises made ahead of the Nationality and Borders Bill last year. Noting that last year's legislation had not stopped the boats, Starmer added that the only way to stop the crossings is to break the criminal gangs that are running it.