22 August 2023

Content Warning: This article contains mentions of sensitive topics including death, torture, trafficking, modern slavery, self-harm, and suicide.

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On 20 July 2023, the UK passed a significant law known as the 'Illegal Migration Act 2023'. It is unprecedented, deeply dangerous and will have harmful consequences for people who move for years to come. It essentially removes the right to seek asylum, weakens universal human rights protections, and goes against international law.

Here's a breakdown of what you need to know about this Act:

Who does it affect?

The government often claims that this law is about stopping boat crossings in the English Channel - but in fact it is broader. It applies to anyone who meets the following criteria:

• Lacks documents to enter the UK
• Arrived in the UK after 20 July 2023
• Did not come directly to the UK from a country where their life is in danger, according to the Home Office
• Does not have the right to stay in the UK.

The law applies to everyone in the above circumstances, including children - even those who arrive in the UK alone. Though there are some limits, such as not sending children to countries where they have no family or citizenship, the Home Secretary can still detain and expel children to potentially dangerous situations.

It also applies to people who have been victims of modern slavery or human trafficking. In fact, the law even reduces protections for these individuals, making their situation more difficult.

What does the Act do?

Undermines universal human rights

Previously, everyone in the UK had the same basic human rights, regardless of their background or how they arrived in the country. This law removes important legal protections, making people less secure under human rights law.

Specifically, the Act excludes people subject to it from Section 3 of our Human Rights Act, which obliges our courts and local authorities to protect everyone’s human rights. This means that if a person or child’s rights are violated under this law, they would have less legal protection than other people. It’s the first time the UK has excluded a specific group of people from Section 3 HRA protections, and it sets an incredibly dangerous precedent, with life-threatening consequences.

Bans new asylum claims

This Act automatically disregards asylum claims for everyone who falls under its definition. We all have the right to claim asylum in a country that has signed the Refugee Convention. But under this law, people won't even have the chance to have their asylum claim heard, breaking with international law.

By shutting the doors on people who need support, the government is forcing people who are in desperate situations to live without legal status – under constant threat of detention and deportation, and vulnerable to trafficking and exploitation.

Detains people indefinitely

The law gives the Home Secretary the power to 'remove' people to any country the Secretary thinks is safe. This has not been put into practice yet due to legal challenges, and because no country other than Rwanda has agreed to such a cruel deal. This could lead to indefinite detention and removal decisions being made without proper legal review.

Under this law, people can be detained at the whim of an immigration officer if they believe the person fulfils the criteria for detention. Once detained, it’s up to the Home Secretary to decide how long is “reasonably necessary” to detain them – this could mean indefinitely. Although some time limits have been introduced for pregnant people and children, the law will still lock people up simply because of the way they came to the UK.

Banishes people to life-threatening situations

Under this law, you can be expelled from the UK even if your life may be at risk. The only way to challenge your removal is through a “removal conditions suspensive claim” or a “serious harm suspensive claim”. A “removal conditions suspensive claim” can be filed if the person believes they don’t meet the criteria for removal set out in the law.

A “serious harm suspensive claim” is meant to protect people from potential harm if they were to be sent away – but the threshold is unreasonably high. The law defines “serious harm” as facing “a real, imminent and foreseeable risk of serious and irreversible harm” if they are removed.

The Act lists examples, including death, persecution, and torture. However, it excludes some obvious risks to life, such as lack of medical treatment in the receiving country. While such conditions may not lead to “imminent” death, it certainly would lead to significant physical, mental, and emotional injuries, including a high risk of self-harm and suicide.

Endangers victims of trafficking and modern slavery

Even if someone is considered a victim of trafficking or modern slavery, this law allows for their detention and removal, ignoring the difficult circumstances they may have faced.

The law removes protections under the Modern Slavery Act 2015 for anyone who is not a British citizen who has been convicted of any criminal offence, or if the government believes they made their claim in “bad faith”. The Home Secretary may also revoke any right to stay previously granted under the Nationality and Borders Act 2022.

By portraying victims of trafficking and forced labour as criminals, the government is punishing them for things they were coerced into doing, instead of providing the support they need to break free from exploitation.

Locks people out of justice

The law restricts people's ability to challenge their detention or removal. Decisions are nearly final, with limited opportunities for appeal.

The law says that detention decisions cannot be questioned in any court or tribunal for the first 28 days, with the exceptions of pregnant people and children.

The law also states that no court or tribunal in the UK can prevent or delay someone’s removal. It further gives Ministers power to ignore an ‘interim measure’ from the European Court of Human Rights, which is a rare, emergency intervention to save lives, such as in the case of the Rwanda flight. To be clear: ignoring a measure from the Court is a breach of international law.

Forces people into becoming undocumented

Instead of providing routes to safety for people, this law enables the government to refuse asylum claims, leaving individuals without legal status and exposed to risks like detention, deportation, and exploitation.

What can you do?

We all deserve to feel safe, to build a home, and to be part of a community, no matter where we come from. It's important for all of us to come together to ensure the rights of those seeking safety are protected.

This law attacks the core principles of human rights and justice. The government must repeal this law, and the Nationality and Borders Act 2022.

• Sign our open letter to the Prime Minister to reject this Act being passed allegedly in our name
• Join our mailing list to keep up to date on future campaign actions
• Become a member of JCWI to support our work
• Learn about what a safe and effective asylum system could look like and share with your communities