London Daily

Focus on the big picture.
Wednesday, Sep 02, 2026

Asylum seekers: Will this migrant bill become a reality?

Asylum seekers: Will this migrant bill become a reality?

Suella Braverman told MPs that the government's new plan to stop small boats was "novel" - but the most important words are on the front page of this enormously dense document.

Every bill that is presented to Parliament - big or small - comes with a statement assuring MPs and Peers that the plans respect the UK's human rights rules.

But this time, the home secretary has admitted the plans may not be compatible with the European Convention on Human Rights and could therefore fall at the first hurdle.

Yet this is not deemed a reason for the government to pause - in fact, Ms Braverman and the prime minister say this legislation is necessary to "stop the boats".


Haven't we been here before?


In political terms, yes. This is the second major piece of immigration legislation from this government in two years. Former Home Secretary Priti Patel's bill promised to stop the small boats, partly through creating a rule that anyone arriving from a safe country - basically meaning France - would not have their case considered at all.

It also criminalised unauthorised arrival on our shores - a move that has been recently upheld by senior judges as lawful, even if the individuals are seeking protection.

But those people have not been removed from the UK. Critics say that this emboldens smugglers to convince clients that if they can make it over the English Channel, there's every chance they won't get removed.

So this new plan goes much further. It denies most people arriving from France or another safe country the right to make an asylum claim - even if they may have a case to do so - and places a duty on the home secretary to remove them as quickly as possible. That is an enormous toughening up of the rules - and is just one of the reasons why critics say it breaks the UK's international obligations to treat potential refugees fairly.

Not so, say ministers. The UK takes more than it's fair share, they argue. Almost 60,000 Afghans, Syrians and others have come on official schemes in recent years and 220,000 Ukrainians have been given entry visas since February 2022.

What's not remotely clear is whether the plan will have any impact on smugglers. The evidence gathered by my colleagues in France suggests not. Migrants tend not to know what awaits them in the UK.


Is it practically deliverable ?


Assuming the plan makes it through Parliament, there are questions over whether it will work in practice.

Border Force officers will have a new power to detain almost everyone who cross the English Channel for at least 28 days while the home secretary and her team book them onto flights out of the UK.

But where are these people going to be held? Last year's 45,000 arrivals are equivalent to half of the UK's prison capacity. Holding someone in a secure unit is far more expensive than placing them in a house, flat or hotel room. Prison is famously more expensive than some of the UK's top private schools.

Ministers say they don't expect to be holding anywhere near that number at any one time - but last August almost 9,000 migrants arrived in that month alone. Can the Home Office set up that many secure units before this summer? When the prime minister was asked on Tuesday night where these people would be put, he didn't say.

By the end of those 28 days, ministers say they would want to remove those people to a safe country - but there are few returns agreements in place and no deal at all with the EU since Brexit.

People who are still in detention after 28 days will be able to launch challenges before immigration tribunals arguing that they are being unlawfully held.

This prospect will alarm judges. The current backlog of unresolved immigration cases is just shy of 29,000 with a 46-week wait for a decision.

What about Rwanda? Well that plan is mired in the Court of Appeal. It could take months to rule on whether it's lawful - and then the case will almost certainly go the Supreme Court. It may not rule before 2024.



Is this actually legal?


Throughout the plan the wording aims to limit rights to appeal and to make it harder for arriving migrants to make a claim to stay on.

Supporters say this brings much needed common sense to a system that has too many rights of appeal and delays to allowing ministers to act for the public.

But none of that can do away with the simple fact that the home secretary herself does not know if this plan can succeed. In a letter to MPs, she simultaneously says she believes the plan is workable but it has more than a 50% chance of failing in the courts.

What this means in practice is that her own lawyers have told her it could be torn to shreds if it is challenged as unfair and inhumane.

It is exceptionally rare for a minister to introduce a bill while admitting this possibility. And that in turn would leave MPs asking why they should vote for it in the first place.

Newsletter

Related Articles

0:00
0:00
Close
Cleveland Police Receive £2 Million to Tackle Serious Crime in Middlesbrough
Number of Young People in England Without a Close Friend Reaches Record Level
Five Arrested After Newborn Baby Dies From Stab Wounds in Sheffield
Nigel Farage Faces Questions Over Reported Second Parliamentary Standards Investigation
UK Retirement Funding Requirement Rises by £64,000 Compared With 2021
UK House Prices Rise for First Time Since April, Nationwide Says
FCA Chief Faces Allegations of Intimidating Consumer Group Over £9 Billion Car Loan Inquiry
Scottish Government Presses Ahead With Cap on Essential Food Prices
Burnham Government Moves to Overhaul Early Prison Release Scheme
UK Records Hottest Summer on Record in 2026, Met Office Says
UK Government Announces Major Reset of Diplomatic Policy Towards Israel
UK Pushes Back After Trump Reopens Falkland Islands Sovereignty Dispute
Keir Starmer Resigns as MP, Triggering Holborn and St Pancras By-Election
Andy Burnham Blames Brexit for UK’s Decade of Weak Growth in First Commons Address
England Faces Renewed Scrutiny Over Sewage Discharges and Water Quality
Victoria Beckham Business Reports First Operating Profit Since Launch
BT Expects £2 Billion From Copper Sales During Full-Fibre Rollout
UK Train Drivers Secure 3.6% Pay Rise and Avert Strike Action
FCA Chief Faces Scrutiny Over Alleged Pressure on Consumer Group in Car Finance Case
Kemi Badenoch Names Andrew Griffith Shadow Chancellor in Conservative Reshuffle
UK House Prices Rise for First Time Since April
UK Shop-Price Inflation Accelerates to 1.5% in August
Met Office Data Point to Hottest UK Summer on Record
UK Announces Emergency Prison Release Measures and £110 Million Capacity Expansion
UK Launches Expanded Free School Meals and 1,400 Breakfast Clubs
Bank of England Governor Warns G20 of AI-Related Economic and Cyber Risks
Prime Minister Andy Burnham Calls for Greater Public Control of Water, Energy and Transport
UK Gains Full Access to £13 Trillion Trans-Pacific Trade Bloc
UK Long-Term Borrowing Costs Hit 28-Year High as Oil Shock Drives Global Bond Selloff
Royal Mail Keeps First-Class Stamps at £1.80 and Second-Class at 91p
Church of England Prepares Formal Apology Over Historical Forced Adoptions
UK Competition Regulator Caps Veterinary Prescription Fees at £21
UK Aviation Authorities Roll Out Airspace Changes to Reduce Flight Delays
England Makes School Allergy Policies Mandatory Under Benedict’s Law
England and Wales Tighten Child Safeguarding Checks by Removing Supervision Exemption
Cornwall Geothermal Plant Begins Commercial Power and Lithium Operations
UK Inflation Holds Near 2.9% as Energy Costs Remain a Risk
UK Productivity Growth Averages 1.1% Over Two Years, Resolution Foundation Says
England Introduces Nationwide School Smartphone Ban and Uniform Limits
UK Gives Border Officers New Powers to Seize Migrants’ Mobile Phones
Green Party Wins First Westminster By-Election in Gorton and Denton
UK and EU Advance Gibraltar Border Deal Allowing Spanish Guards to Conduct Arrival Checks
Robert Jenrick Joins Reform UK After Losing Conservative Whip
Andy Burnham Faces First Prime Minister’s Questions After Labour Cabinet Overhaul
ScottishPower Recycles Nearly All Materials From Historic Hagshaw Hill Wind Farm
Millions Travel Across England, Wales and Northern Ireland for Summer Bank Holiday
Met Office Issues Yellow Thunderstorm Warnings Across Southern England
Four Arrested After Bank Holiday Stabbing Violence in Kettering
Scottish Chamber of Commerce Warns Tax and Business Costs Risk Holding Back Scotland
UK Government Launches Youth Employment Drive With Major Retailers
×