The New Border Security, Asylum, and Immigration Bill Explained
In this Article
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- Introduction
- What Will Be the Purpose of the Border Security, Asylum and Immigration Bill?
- What Has Prompted the Border Security, Asylum and Immigration Bill?
- What Can We Expect from the Border Security, Asylum and Immigration Bill?
- What Other Bills Announced in the King’s Speech May Be Relevant to Immigration Law?
- What are the Labour Party’s Other Plans for Immigration?
- Contact our Immigration Barristers
- Frequently Asked Questions
- Glossary
- Additional Resources
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.
