Border Security, Asylum and Immigration Bill

What you need to know

The Border Security, Asylum and Immigration Bill was introduced in the UK parliament on 30 January 2025.

The bill proposes to improve border security and strengthen law enforcement, while repealing the dangerous and unconstitutional Safety of Rwanda (Asylum and Immigration) Act 2024 and some of the most damaging parts of the Illegal Migration Act 2023.

We opposed the Illegal Migration Act 2023 and argued that it:

• may be incompatible with our international obligations under the European Court of Human Rights and the UN Refugee Convention
• limited safeguards and diminished access to justice for those caught by its provisions
• reduced oversight of the courts
• breached international obligations
• undermined the rule of law

We opposed the Safety of Rwanda Act 2024 and argued it set a dangerous precedent by legislating to overturn a finding by UK courts that Rwanda is an unsafe country. This had serious implications for the rule of law and human rights.

We welcome a move away from the 2023 and 2024 legislation which undermined the rule of law and posed real problems for access to justice.

But we believe the Border Security bill could go much further.

Our view

The government should:

• repeal other harmful immigration legislation, such as the entire Illegal Migration Act 2023 and parts of the Nationality and Borders Act 2022
• provide strong justification for diverting certain powers from the courts to the secretary of state, including the power to detain a person while considering whether to make a deportation order
• provide strong justification for applying detention powers respectively, which is inconsistent with the general principles of the rule of law
• make sure new clauses aimed at clamping down on people smugglers do not inadvertently criminalise asylum seekers
• consider the availability of legal representation and legal aid alongside any new legislation

The details of the bill

Scrutiny of clauses within the Border Security Bill

We are concerned that the detention provisions will apply retrospectively and will be mean that:

• courts will continue to have less power over whether detention length is reasonable
• more people could be detained and for longer
• not everyone in detention will have access to legal advice and representation

We are concerned that the immigration crime provisions will mean that:

• the new offences of supplying or handling relevant articles for use in immigration crime could mean that asylum seekers are criminalised and will discourage people from seeking out state authorities when they arrive
• the offence of endangering another person during a sea crossing could mean that parents or guardians could be prosecuted for taking their children on journeys

Ongoing funding issues:

• there remain serious problems with access to justice for immigration issues across England and Wales and until this is addressed any attempts to improve the immigration and asylum system will be undermined

How the bill should go further

What we’re doing

7 February and 24 February 2025 – we briefed parliament ahead of the second reading and committee stage in the House of Commons

25 February 2025 – we submitted evidence in response to the House of Commons Public Bill Committee call for evidence