BASW UK Statement on ‘Illegal Migration Bill’

The UK Government has introduced the ‘Illegal Migration Bill’ to Parliament which, if passed, would create a scheme whereby anyone arriving “illegally” in the UK will be removed to their home country or a safe third country.

This means that they will be removed if:

  1. They arrive through an illegal route as determined by the Government.
  2. They enter or arrive in the UK on or after 7th March 2023.
  3. They did not come directly from the country they are fleeing.
  4. They require leave to enter or remain but does not have it.

Full text of the Bill can be found here.

The same rules will apply to unaccompanied asylum-seeking children (UASC) once they turn 18 and are no longer a child. When a UASC arrives “illegally”, their claim will be deemed inadmissible but they will be kept in Home Office accommodation or the care of the local authority until they turn 18. The Home Secretary is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 – but there are powers to do so.

The Bill was introduced by the Home Secretary on 7th March 2023, but no date has yet been given for when the Bill will have its Second Reading in the House of Commons. The Bill follows years of headlines about small boats arriving in Kent.

BASW UK firmly believes that any person arriving in the UK seeking asylum, no matter the route they took to get here, should have a fair hearing on UK soil. Under international law, there is no ‘illegal route’ to enter the UK. There are unsafe routes, and the Government could make it easier to claim asylum in the UK from another country rather than force people to risk their lives to travel here.

Social workers work with unaccompanied asylum-seeking children who are in the care of local authorities. This legislation would create a separation between UASC and children born in the UK which contravenes basic principles of human rights. We also fear that knowing they will be deported at 18, UASC will be more likely to go missing from care and be at risk of abuse by traffickers.

The UK Government continues to create far-fetched, unworkable and discriminatory practices that are in breach of human rights instead of creating other ways for people to claim asylum in the UK without having to risk their lives to get here. These political narratives also create hostility and indirectly encourage violence and aggression against asylum-seekers and refugees.

BASW UK will be opposing this Bill and urging for a fairer, quicker and more humane asylum process which reflects basic human rights.