United Kingdom - July 2023

After months of debate, the Illegal Migration Bill received royal assent on 20 July, banning irregular migrants from seeking asylum and requiring their detention and deportation, either to their country of origin or to a “safe third country.” The act is an integral part of Prime Minister Rishi Sunak’s pledge to reduce irregular migration, particularly among migrants arriving by small boat via the Channel. The parliamentary committee on human rights and the United Nations are among the many actors condemning the bill, warning that it is in violation of international law. Lacking in protections for LGBTQIA+ migrants and victims of modern-day slavery, it is projected to disproportionately impact vulnerable groups and lead to increased levels of human trafficking. Further, its implementation is uncertain, since deportations to Rwanda, the only third country with which the government currently has an agreement, have been ruled as unlawful by the Court of Appeal.  

Sources:  Home Office, Joint Committee on Human Rights, UN, The Conversation, Financial Times 

A ruling by the High Court on 27 July deemed the “systematic and routine” housing of unaccompanied asylum-seeking children in the UK as unlawful. The case was brought forward against the Home Office by the charity Every Child Protected Against Trafficking (ECPAT) alongside the Brighton and Hove and the Kent City Councils. Since July 2021, over 5,400 unaccompanied children have been housed in hotels, for as long as 128 days, due to a lack of capacity in the social care system and significant backlogs in processing asylum requests. According to the Minister of State for Immigration, these children have not been looked after and 447 of them have gone missing, with 154 still missing at the time of the hearing. Evidence suggests that gangs have been exploiting some of these children for criminal purposes. While the Home Office insists that its use of hotels was lawful, the ruling states that hotels are now only to be used for “very short periods in true emergency situations.”  

Sources: House of Commons Library, The Guardian, Courts and Tribunals Judiciary, British Broadcasting Service, Financial Times, UK Parliament 

On 11 July, the National Security Act, which aims to provide modernized protection against hostile acts such as espionage and political interference was passed by both houses of Parliament and secured Royal Assent. It is now illegal to be an undeclared foreign spy and to engage in conduct interfering with fundamental rights, like voting. A key element of the Act is the Foreign Influence Registration Scheme (FIRS), which creates a register of those acting in the direction of a foreign power, and those entering into agreements with a hostile foreign power. Initially the bill received backlash from the press and civil society for its vague wording, which could lead to the conflation of journalism and whistleblowing with espionage. Since then, amendments were made, which, according to the Home Office, “protect all legitimate activity,” by safeguarding the freedom of the press and upholding parliamentary privilege. A public interest defense for journalists has not been included in the bill.  

Sources: Home Office (1), Home Office (2), Home Office and The Rt Hon Priti Patel MP, Home Office and The Rt Hon Tom Tugendhat MBE VR MP, The Guardian, Financial Times, News Media Association