Rights & Security International briefing on Clauses 23 – 26 and 47 of the Border Security, Asylum and Immigration Bill
In the Border Security, Asylum and Immigration Bill (BSIAB), the UK government has pledged to use counter-terrorism-style powers to crack down on so-called ‘illegal migration’. However, applying flawed counter-terrorism approaches to target migrants who have faced exploitation by criminal networks and/or may have well-founded asylum claims is not only ineffective, but also likely illegal. The government’s approach risks undermining human rights while failing to address the complexities of migration in a just, effective and sustainable way.
By implying that migrants and asylum-seekers are threats, the government is also using dangerous rhetoric of the kind that fuelled the serious anti-migrant violence (including arson and beatings) of summer 2024.
Summary
Clauses 23 – 26 would grant police and other ‘authorised persons’ unrestricted access to the digital devices of people entering the country via irregular means. The government has not explained why it thinks it needs to carry out digital strip searches on migrants, many of whom are already vulnerable people. We regard such searches as excessive, and they would create serious risks that people will face unfair discrimination based on their religions, beliefs or opinions.
Clause 47 would allow authorised persons to impose ‘Interim Serious Crime Prevention Orders’ (SCPOs). This ‘pre-crime’ clause would allow officials to treat migrants who have done nothing wrong as potential criminals, and do so without notifying the person affected, imposing life-altering restrictions on individuals who have not been charged with any crime.
In addition to creating legal problems, this clause would further stigmatise migrants – a group that is already vulnerable to attacks in the UK.
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