The UK Government has introduced the Border Security, Asylum and Immigration Bill. A significant piece of legislation aimed at enhancing the country’s border security framework and tackling organised immigration crime. This 74-page Bill was presented to the House of Commons on 30 January 2025. It’s set for its Second Reading on 10 February 2025, where MPs will debate its core principles.
Key Provisions of the UK Border Security & Immigration Bill
The Bill introduces several new measures designed to combat people smuggling, streamline border enforcement, and repeal previous immigration legislation. Key highlights include:
- Establishment of a Border Security Commander – A new civil servant role designated to oversee border security functions.
- Enhanced Immigration Crime Offences – New offences related to supplying and handling materials used in immigration crime, carrying penalties of up to 14 years imprisonment.
- Criminalisation of Dangerous Sea Crossings – Consequently, actions that endanger lives during Channel crossings will now be prosecutable.
- Electronic Device Search Powers – Law enforcement officers will have enhanced powers to seize and search electronic devices suspected to contain immigration-related data.
- Expanded Information Sharing – Increased data-sharing provisions between customs authorities, border security agencies, and law enforcement to improve intelligence gathering.
- Repeal of Previous Immigration Policies – The Bill abolishes the Safety of Rwanda (Asylum and Immigration) Act 2024 and certain provisions of the Illegal Migration Act 2023.
- Stricter Regulation of Immigration Advisers – Ensuring greater oversight and accountability within the immigration services sector.
- Expanded Detention and Deportation Powers – Additionally, authorities will have the power to detain individuals while assessing potential deportation orders.
- Prevention of Serious Immigration Crime – Introduction of new offences, serious crime prevention orders, and electronic monitoring measures to curb illegal immigration practices.
Government’s Stance
Home Secretary, Yvette Cooper described the Bill as a landmark step towards dismantling human trafficking networks and cracking down on organised immigration crime. She emphasised the need for “counter-terror style” powers to seize mobile phones, disrupt smuggling operations, and strengthen law enforcement’s capabilities.
Concerns and Criticism
Despite its ambitious scope, the Bill has nevertheless faced strong opposition from refugee advocacy groups and legal experts:
- Asylum Matters criticised the Bill for failing to create safe asylum routes and, instead, focusing on punitive measures rather than addressing the backlog in asylum claims.
- The Refugee Council raised concerns over the criminalisation of refugees, stating that prosecuting asylum seekers fleeing conflict does not tackle the smuggling industry.
- Legal experts argue that while the Bill introduces stricter immigration controls, it may have limited effectiveness in reducing small boat crossings.
What This Means for Businesses and Individuals
For individuals and businesses navigating UK immigration law, the Bill introduces significant legal changes. Key takeaways include:
- Stricter penalties for assisting undocumented migrants, this includes businesses that are handling immigration-sensitive materials.
- Increased scrutiny on visa applications and sponsorship licences.
- Tighter enforcement of compliance measures for companies hiring foreign nationals.
How GSC Solicitors LLP Can Help with the UK Border Security & Immigration Bill
With immigration laws evolving rapidly, GSC Solicitors LLP provides expert legal guidance to individuals and businesses affected by the new legislation. Our team specialises in:
- Corporate and Private Immigration Compliance
- Sponsorship Licence Applications & Management
- Asylum and Human Rights Legal Advice
- Strategic Immigration Planning for Businesses
For tailored advice on how the Border Security, Asylum and Immigration Bill may impact your situation, contact GSC Solicitors LLP today.