Following the announcement of the bill, this Valentines Day, together with members of Survivors Speak Out, One Strong Voice & Together with Refugees, we reminded Keir Starmer, that the majority of the UK do support compassionate policies.
What is Labour's new immigration Bill?
The government has just introduced their new immigration Bill. It scraps some of the worst Conservative laws, but other parts of the bill are worrying.
Keir Starmer’s "smash the gangs” approach puts torture survivors at risk by further criminalising those taking small boat crossings, instead of addressing the root causes of why people flee their homes. Find out what this Bill means for refugees.
What is in this new Bill?
The Labour Government have just introduced their ‘Border Security, Asylum and Immigration Bill’ to parliament.
This Bill is the fourth piece of immigration legislation introduced by a British government in as many years. Like its predecessors, it aims to tackle ‘irregular’ migration and reduce small boat crossings, by targeting ‘organised crime groups’ and introducing counter-terror style powers to 'strengthen' UK border security. It gives new powers to law enforcement agencies to share data and encourage more effective cross-system working.
The new Bill also seeks to undo existing legislation (like the Illegal Migration Act) that blocked access to the asylum system, holding people seeking asylum in a state of limbo and preventing the effective functioning of the asylum system.
The good things about the Bill
It repeals cruel laws passed by Conservative governments. It scraps some of the worst bits of legislation introduced by the previous leaders during the last five years.
The Bill repeals the entirety Safety of Rwanda (Asylum and Immigration) Act 2024, which is a massive success for refugee rights.
Survivors suffered needlessly under the threat of being sent to an unsafe country, and the harm it had on their mental health is impossible to imagine.
The Act was unlawful and cruel. In a vital win for caring people across the country, we’re delighted the PM kept his promise to close the door on this ‘cash for humans’ scheme.
The Bill also repeals sections of the Illegal Migration Act 2023.
This means the right to asylum is restored and claims for refugee protection can be progressed, preventing people being held in a lengthy limbo. By scrapping these parts of the Act, the Government is seeking to remove everything that stood in the way of an efficient and effective functioning asylum system.
Keir’s ‘Smash the Gangs’ approach
One of the most worrying aspects of the bill is its focus on ‘border security’ rather than compassion and support for those making irregular journeys.
It’s concerning to see the introduction of yet further criminal offences and the proposal to use counter-terror style powers that will likely be applied to almost everyone who arrives by small boat. These changes will further penalise refugees seeking protection in the UK.
This Bill continues to treat the forced displacement of refugees as a national security threat rather than a human rights issue and this is extremely disappointing.
How does the Bill impact refugees and survivors?
This government have said this Bill’s new powers of strengthening border security will work to “reduce small boat crossings and loss of life in the Channel”. However, from our work with survivors in our therapy rooms over the last 40 years, we know that it will instead further penalise those people seeking protection in the UK.
It creates the criminal offence of “endangering another during a sea crossing” - clearly aimed at those inside the boats, including parents who bring their children on the type of journeys that fall within this offence.
We find this to be a shocking and cruel addition to the system. As we found in our Burning House report our clients who have made dangerous journeys like these, are fleeing torture and unimaginable horrors-and are ultimately trying to find safety for them and their families.
If passed, part of the law will likely result in the prosecution of people seeking safety, who are acting out of desperation or under the coercive power of a smuggler.
What needs to change
This Bill puts forward some well needed changes to the asylum system, but still is far from the necessary change we need to see for a compassionate and fair asylum process for torture survivors.
We are calling for a number of changes:
1. The Illegal Migration Act 2023 should be scrapped in its ENTIRETY.
It’s alarming that the Immigration Bill has kept elements that make asylum and human rights claims from a raft of countries impossible and prevent some people from claiming modern slavery protections.
2. More of the Nationality and Borders Act 2022 needs TO GO too.
This immigration Bill fails to scrap parts of the Nationality and Borders Act 2022 - aka the Anti-Refugee Act - which stops refugees getting access to justice and puts people at risk of return to countries where they were persecuted.
3. We need to see REAL fairness and compassion in the asylum system
Rooted in the expertise of torture survivors – we’ve created a six-point plan for a fairer and more compassionate asylum system. This manifesto is a call to all political parties, as well as this current Labour Government, to work with organisations like ours to make our asylum system a compassionate and fair one.
What you can do to help us
At Freedom from Torture, we’re doing everything we can to work towards a compassionate and welcoming asylum system that supports torture survivors to heal and rebuild their lives. But we need your support:
Donate to support our work: Please consider donating to help us keep fighting for a fairer asylum system, and to provide survivors of torture with therapy and to support
Join the movement: We will continue to campaign alongside survivors against the cruelty of this bill. To stay up to date with the latest ways to take action, sign up to our email list now.
Banner image credit: Denis Charlet / Getty Images
