This Tuesday the British Government has introduced a bill that would grant powers to the British Home Secretary, Suella Braverman, to deport migrants who arrive illegally in the UK and prohibit their return in the future. Also will have power to deport to Rwanda or “a safe third country” to these migrants.

The law follows in the wake of the immigration policies of the Boris Johnson government. various organizations question whether some of these measures are compatible with the European Convention on Human Rights and they warn that this law will not stop migrants from traveling through the English Channel.

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How does it work?

  • This law would end everyone’s right to apply for asylum as soon as they arrive at the UK border.
  • It would allow the detention without bail of those migrants.
  • In addition, it will prevent those same people from returning to the UK in the future and they will not be able to apply for British citizenship.
  • Suella Braverman could deport these irregular migrants to Rwanda “or to a safe third country” as soon as “reasonably practicable.”
  • The British Government plans to expand the list of those countries considered safe.
  • Current law denies asylum claims to those who have traveled to the UK from a “safe third country” or have a connection to one of these countries where they could claim asylum.
  • The law would be retroactive, so all migrants who arrive from today through a channel considered illegal to the country could be deported.
  • There are two exceptions to this law: minors under 18 years of age and people with serious medical conditions.

What are they saying?

  • The British prime minister has justified this bill as a way to crack down on “criminal gangs” who bring migrants across the Channel from France in small boats.
  • Sunak considers that “those who come in small boats are not directly affected by a country at war nor do they face an imminent threat to life.”
  • Interior Minister Suella Braverman has acknowledged that the law “will push the limits of international law.”
  • Braverman believes that the arrival of small boats “flagrantly violates” national legislation and the will of the British.

yes, but…

  • Refugee aid charity Care4Calais argues that if the government offered safe entry into the UK to be able to claim asylum in the country, it would wipe out 90% of the profits of people smugglers.
  • Current British law provides that migrants in the UK in an irregular situation can apply to stay in the country legally.
  • Several of the cases considered include the difficulty of living in the country of origin due to lack of opportunities or the danger of persecution or serious damage to physical integrity.

The context

  • More than 45,000 people crossed from France to the UK last year, 300 more than in 2018, but asylum applications to the UK are below the European average.
  • Boris Johnson’s government has already last year raised the deportation of asylum seekers to Rwanda but the first flight was blocked by the European Court of Human Rights.
  • In response to this setback, the executive has already proposed possible legal reforms to carry out these deportations.