Illegal Migration Act 2023

Illegal Immigration Act 2023

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to make provision for and in connection with the removal from the United Kingdom of persons who have entered or arrived in breach of immigration control; to make provision about detention for immigration purposes; to make provision about unaccompanied children; to make provision about victims of slavery or human trafficking; to make provision about leave to enter or remain in the United Kingdom; to make provision about citizenship; to make provision about the inadmissibility of certain protection and certain human rights claims relating to immigration; to make provision about the maximum number of persons entering the United Kingdom annually using safe and legal routes; and for connected purposes.
Citation	2023 c. 37
Introduced by	Suella Braverman, Home Secretary (Commons) The Lord Murray of Blidworth, Parliamentary Under-Secretary of State for Migration and Borders (Lords)
Territorial extent	England and Wales Scotland Northern Ireland
Dates
Royal assent	20 July 2023
Commencement	20 July 2023
Status: Current legislation
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted
Text of the Illegal Migration Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Illegal Migration Act 2023 (c. 37) is an act of the Parliament of the United Kingdom, introduced by the Home Secretary, Suella Braverman, in March 2023. ^[1] Most of its heavily debated provisions have never been commenced by Home Office Ministers, those targeted to reduce or end "small boat crossings", across the English Channel, which push against elements of international major treaty-based law. ^{[2] [3]}

The act proposed to detain and remove those from the UK who arrive in that country by illegal means, as well as blocking them from re-entry. It followed a rise in the number of migrants crossing the English Channel by boat, which increased from 300 annually in 2018 to 45,000 in 2022, ^[4] and 3,150 as of March 2023. ^[5] This issue was one of five key priorities outlined in January 2023 by prime minister Rishi Sunak, ^[6] who tweeted: "If you come here illegally, you can't claim asylum. You can't benefit from our modern slavery protections. You can't make spurious human rights claims and you can't stay." ^{[7] [8]}

The bill had its third reading in the House of Commons on 26 April 2023. MPs voted 289–230 in favour of the bill, which was then sent to the House of Lords for consideration. ^[9]

As widely expected on 5 July 2023, the government began to push through the bill to make it an Act of Parliament, using the power of actual or threatened provisions of the Parliament Act 1911 which enable the elected chamber to deliver Government manifesto commitments. ^[10] Six days later, Immigration Minister Robert Jenrick explained the government did not support “little short of wrecking amendments” as were tabled by committees and many members in the Lords. ^[11]

On 20 July 2023, the bill received royal assent (succeeded in becoming an Act of Parliament), requiring future commencement of its most controversial sections – this has not taken place and several will be re-formulated in new laws, which may be commenced, under the Starmer ministry elected the following summer.

Provisions commenced on 20 July 2023

• sections 30 to 37; section 52; sections 63 to 69. These are: enacting UK settlement consequences for people who have ever met all four removal conditions in section 2; citizenship consequences in the same manner; resultant amendments to the British Nationality Act 1981; a widening of participants in the UK Immigration & Asylum (Upper Tribunal) to include, where the independent judiciary see that resources require, any judge of the First-tier Tribunal; the usual financial provision to any civil service work needed under the Act to be reimbursed (to enable "expenditure" of ministries ("the Minister") to be met by central funds); the usual consequential and minor revisions (wholly cosmetic or explanatory changes to other legislation) including that 61(2) of the UK Borders Act 2007 lists the Act among those affecting this field; the usual limits upon regulations including with express bar on removing unaccompanied children without Parliamentary approval of any such instruments (SIs/Orders in Council/Regulations); definitions (of words); extent (in territory); commencement (see below); short title.

The following provisions come into force on the day on which this Act is passed for the purposes of making regulations—

• section 3 (amendment of date in section 2(3) etc);
• section 4 (unaccompanied children and power to provide for exceptions);
• section 7 (powers to amend Schedule 1);
• section 11(2) (detention under authority of immigration officer);
• section 11(6) (detention under authority of Secretary of State);
• section 18 (duty of local authority to provide information to Secretary of State);
• section 20 (extension of provisions relating to unaccompanied children to Wales, Scotland and Northern Ireland);
• section 24 (modern slavery: support in Scotland);
• section 40 (meaning of “serious and irreversible harm”);
• section 42 (serious harm suspensive claims);
• section 43 (removal conditions suspensive claims);
• section 60(7) (definition of safe and legal routes). ^[12]

All other provisions require Regulations to commence, and those which have, in some cases have been repealed or suspended. ^[13]

Reactions

The bill and subsequent Act was generally met with backlash from UK rights groups and United Nations agencies, and questions about its legality (to question Parliamentary sovereignty) were raised. ^{[14] [15] [16]}

The bill drew criticism from BBC sports presenter Gary Lineker, who posted tweets about the plans, including one in which he described its language as "not dissimilar to that used by Germany in the 30s". ^[17] The BBC removed him from co-presenting Match of the Day , saying Lineker's statement violated their impartiality policy. The company's actions led to other journalists and commentators withdrawing in support of Lineker. ^{[18] [19] [20]}

See also

• English Channel migrant crossings (2018–present)
• Immigration policy of the United Kingdom
• Rwanda asylum plan
• Safety of Rwanda (Asylum and Immigration) Act 2024

References

1. "Braverman claims 100m people could qualify for asylum without law change". The Guardian. 7 March 2023. Retrieved 7 March 2023.
2. "Rishi Sunak: Hurdles in the race to pass Illegal Migration Bill". BBC News. 8 March 2023. Retrieved 9 March 2023.
3. "Suella Braverman: small boats plan will push boundaries of international law". The Guardian. 7 March 2023. Retrieved 7 March 2023.
4. "Small boats: New law to stop illegal Channel crossings set out". BBC News. 7 March 2023. Retrieved 7 March 2023.
5. "Britain's controversial asylum plan explained". The Economic Times. 8 March 2023. ISSN   0013-0389 . Retrieved 9 March 2023.
6. "Why the U.K.'s 'Illegal Migration Bill' Is Probably Illegal". Time Magazine. 8 March 2023. Retrieved 9 March 2023.
7. "U.K.'s Sunak pledges to stop cross-Channel migrants". The Hindu. 8 March 2023. ISSN   0971-751X . Retrieved 9 March 2023.
8. "What Is UK's Proposed Illegal Migration Bill? What Does It Mean For Asylum Seekers?". Outlook India. 8 March 2023. Retrieved 9 March 2023.
9. Seddon, Paul (26 April 2023). "Illegal Migration Bill passes as Tory rebellion defused". BBC News. BBC. Retrieved 26 April 2023.
10. "Rishi Sunak pressing ahead with bill to curb small boats". BBC News.
11. "Migration bill: Minister accuses Lords of trying to wreck asylum reforms". BBC News.
12. Illegal Migration Act, s.68 generally
13. Illegal Migration Act, s.68 (1)
14. Bryant, Tom; Ambrose, Tom; Sparrow, Andrew (7 March 2023). "UN refugee agency 'profoundly concerned' by UK's illegal migration bill saying it amounts to an asylum ban – as it happened". The Guardian. ISSN   0261-3077 . Retrieved 9 March 2023.
15. Syal, Rajeev; Siddique, Haroon (7 March 2023). "What does the UK government's bill on illegal immigration propose?". The Guardian. ISSN   0261-3077 . Retrieved 9 March 2023.
16. Keay, Lara (8 March 2023). "Is the government's new Illegal Migration Bill legal?". Sky News. Retrieved 9 March 2023.
17. Crew, Jemma; Seddon, Sean (8 March 2023). "Gary Lineker says he will 'keep speaking for those with no voice' after asylum row". BBC News. BBC. Retrieved 8 March 2023.
18. Gretener, Issy Ronald,Jorge Engels,Jessie (11 March 2023). "BBC's flagship soccer show boycotted over Gary Lineker impartiality row". CNN.
19. "Gary Lineker row: Match of the Day 2 expected to be broadcast in much reduced format". Sky News.
20. Russell, Rachel; Adams, Charley (10 March 2023). "Gary Lineker to step back from presenting Match of the Day". BBC News. BBC. Retrieved 10 March 2023.

block links

• Text of the bill at UK Parliament