London Daily

Focus on the big picture.
Wednesday, Mar 18, 2026

Home Office: new deportation law may discriminate against ethnic minorities

Home Office: new deportation law may discriminate against ethnic minorities

Internal report reveals risk to migrant rough sleepers in crackdown

The Home Office has admitted that a new immigration rule to criminalise and deport migrant rough sleepers may discriminate against ethnic minorities, including Asian women who have survived domestic violence.

An internal document outlines the department’s analysis of how the new power – which prompted widespread outrage when it came into force four months ago – would also indirectly affect at-risk groups, including people with disabilities.

The eight-page equality impact assessment, obtained by Liberty Investigates, accepts the potential of the rule to indirectly discriminate on the grounds of race, since some factors leading to homelessness disproportionately affect people from particular ethnicities. “The main reason Asian women give for being homeless is because of domestic violence,” the assessment states.

Pragna Patel, director of campaigning group the Southall Black Sisters, said the document, released under freedom of information law, exposed a callous attitude to migrants made homeless by domestic abuse.

Last month, the home secretary, Priti Patel, listed the government’s domestic abuse bill among a number of measures it has taken to ensure women’s safety after the killing of Sarah Everard.

“In the same breath, they are saying we are going to introduce this measure around rough sleeping, knowing it will affect victims of domestic abuse,” said Pragna Patel.

The document also accepts that rough sleepers with disabilities “may experience greater disadvantage” if deported to countries with poor access to support services.

Disability affects a large section of the homeless population. The Home Office impact assessment acknowledges Scottish figures showing that more than half those seeking help for homelessness were also in need of support for one or more of a range of conditions such as mental health issues, substance dependency or learning disabilities.

It says the new immigration rule does not unlawfully discriminate. The disclosure comes days after the Home Office signed a legal agreement with the equalities watchdog, which last year found the department had failed to evaluate the impact of its hostile environment policies on the Windrush generation.

Chai Patel, legal policy director of the Joint Council for the Welfare of Immigrants, said: “The Home Office is still up to its neck in the discrimination caused by the hostile environment. Both the equality and human rights commission and the independent Windrush reviewer are expecting Priti Patel and her department to investigate and stamp out racial and other discrimination caused by its policies, not to make them worse.”

The new immigration rule makes rough sleeping grounds for refusing or cancelling a person’s permission to stay in the UK, and prompted threats of a boycott by councils and charities when the Home Office changed immigration laws last December.

It is yet to be used, however, because immigration staff have been told not to use it until official guidance is published on its application.

According to the report, the discretionary rule will be used on “those who have chosen to refuse support offered and to engage in anti-social behaviour which causes harm to other individuals or to wider society”.

The Home Office document concludes that any discrimination – on the grounds of race, disability or any other protected characteristic – is not direct, and is “not automatically unlawful”.

Use of the power, it adds, can be justified by “the legitimate aim of protecting the public”.

The report adds that the immigration system “guards against discrimination” and allows department decision-makers to consider whether a person’s disability, for instance, contributed to their becoming homeless.

Yet campaigners say that Home Office discretion is not an adequate safeguard for vulnerable people.

“The Home Office is widely believed to be institutionally racist,” said James Tullett, chief executive of the Refugee and Migrant Forum of Essex and London, which has launched a judicial review over the rule. “The idea of the Home Office using its discretion feels like a guarantee of discrimination rather than a safeguard.”

Cases where the Home Office has been criticised over its handling of deportation decisions affecting disabled people include Osime Brown, a 22-year-old with autism, from Dudley, who is facing deportation to Jamaica. Brown was sentenced in 2018 to five years in prison for the robbery of friend’s mobile phone, a crime he denies, which automatically qualified him to be considered for deportation.

Brown left Jamaica when he was four and has no family or support there. Friends say deportation would amount to a “death sentence”.

A Home Office spokesman said: “The equality impact assessment states that this policy does not unlawfully discriminate. Decision-makers are rigorously trained to see where mitigating factors such as disability or race may have played a role in an individual’s situation, taking this into account and offering them support.”

Newsletter

Related Articles

0:00
0:00
Close
UK Security Adviser Viewed US-Iran Nuclear Deal as Within Reach Before Sudden Escalation
UK Prime Minister Urges Continued Focus on Ukraine Amid Escalating Iran Conflict
UK Introduces New Safeguards to Shield Lenders from Bank Run Risks
UK Promotional Products Market Surpasses £1.3 Billion as Demand Strengthens in 2025
Reeves Pushes for Deeper UK-EU Economic Ties to Revive Growth
UK Security Adviser Saw No Imminent Iranian Nuclear Threat Days Before War Erupted
France Signals Warm Welcome for UK Return to EU Single Market Amid Renewed Cooperation Talks
UK Defence Official Criticises Boeing Over Delays to E-7 Wedgetail Programme
UK Urged to Secure Quantum Talent as Minister Warns Against Repeating AI Setbacks
UK Mayors Set to Gain New Spending Powers Under Reeves’ Fiscal Devolution Plan
Western Allies Urge Restraint as Israel Weighs Expanded Ground Operation in Lebanon
Trump Warns NATO Faces ‘Very Bad’ Future Without Stronger Allied Support in Iran Conflict
UK Minister Says Britain Not Bound to Support Every Demand From U.S. President
Starmer Tells Trump Britain Will Not Be Drawn Into Wider Iran War
Starmer Tells Trump Britain Will Not Be Drawn Into Wider Iran War
UK Set to Introduce Steel Tariffs of Up to 50 Percent in New Industrial Strategy
European Governments Decline Trump’s Call to Send Warships to Reopen Strait of Hormuz
Fears Over Iran Conflict Weigh on UK Consumer Confidence
Starmer Says UK Working With Allies on Hormuz Shipping Plan After Trump Raises Pressure
Iran War and Energy Shock Shake Britain’s Economy and Political Debate
Deadly Meningitis Outbreak at UK University Leaves Two Dead and Several Seriously Ill
Deadly Meningitis Outbreak at UK University Leaves Two Dead and Several Seriously Ill
King Charles and Queen Camilla Share Personal Tributes to Their Mothers on UK Mother’s Day
Prince William Honors Princess Diana with Mother’s Day Tribute
UK Economy Stalls in January as Households Cut Back on Eating Out
AI-Generated Singer Becomes Viral Voice for Iranians With New Anthem
London Private Club Founder Plans Exclusive Palm Beach Venue Near Trump’s Mar-a-Lago
Ed Davey Urges Britain to Build Fully Independent Nuclear Missile Capability
What the UK Covid Inquiry Is and How It Investigates Britain’s Pandemic Response
What the UK Covid Inquiry Is and How It Investigates Britain’s Pandemic Response
US Treasury Links British Polo Patrons to Alleged Venezuelan Oil Proceeds Laundering Scheme
Hundreds Gather in London Despite Ban on Annual Pro-Palestinian March
Two Dead and Multiple Students Seriously Ill After Invasive Meningitis Outbreak at UK University
UK Considers Deploying Ships and Mine-Hunting Drones to Reopen Strait of Hormuz
Starmer and Trump Discuss Urgent Need to Reopen Strait of Hormuz Amid Escalating Iran Conflict
Prince Harry and Meghan Markle’s Planned Australia Visit Draws Mixed Reaction From Local Communities
Trump Calls on France and UK to Help Safeguard Strait of Hormuz Shipping Route
Boris Johnson Labels Bitcoin a ‘Ponzi Scheme’, Sparking Debate in Crypto World
UK Considers Targeted Aid for Vulnerable Households as Energy Costs Rise
Stellantis Urges Immediate Review of UK Electric Vehicle Sales Targets
Home Office Reverses Course to Allow Some Dual Nationals to Enter UK Using EU Passports
Reform UK Proposes Replacing Top Civil Servants With Officials Aligned to Government Agenda
Netflix Adds Critically Acclaimed ‘Best Film of 2025’ With Perfect Rotten Tomatoes Score
‘The Sums Don’t Add Up’: UK Farmers Hit by Soaring Costs as Iran War Disrupts Global Supplies
Confidential UK Biobank Health Records Found Online After Researchers Accidentally Expose Data
Trump Urges Britain and Allies to Deploy Warships to Safeguard Strait of Hormuz
Trump Urges Britain and Allies to Deploy Warships to Safeguard Strait of Hormuz
Middle East War Highlights Strategic Importance of Strong UK–Ireland Cooperation
Weak Growth Signals UK Economy Was Faltering Even Before Middle East Energy Shock
Marks & Spencer Tops UK Fashion Retail Rankings as Most Considered Brand
×