London Daily

Focus on the big picture.
Friday, Jul 24, 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
Badenoch Rejects Grant Shapps' Bid to Return as Conservative Candidate
BAE Chief Warns Britain Has Underestimated the Risk of War
Burnham Rules Out New Scottish Independence Referendum in First Talks With Swinney
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
Viral Video Raises Questions Over Twelve-Dollar Croissants at Manhattan Bakery
UK Balances Security Commitments With Economic Growth Priorities
Retail and Hospitality Sectors Navigate Consumer Caution and Tax Changes
Key Trends to Watch
British Land Appoints Joanne McNamara as New Chief Executive Officer
UK Government Names New Life Peers Including Former Military and Civil Service Leaders
Institute of Directors Urges Government Action on Employment Costs and Skills Shortages
IMF Raises UK 2026 Growth Forecast to One Percent
UK Retail Sales Growth Slows Sharply as Households Cut Discretionary Spending
UK Ten-Year Bond Yields Remain Above Five Percent as Government Faces Higher Debt Costs
UK Government Plans Earlier End to Low-Value Import Duty Exemption for Online Retail Parcels
Reform UK Leads Tight Westminster Voting Poll as Conservatives and Labour Remain Close
Royal Navy Carrier Strike Group Completes First Arctic and North Atlantic Mission Phase
Andy Burnham Government Cuts Business Rates for Pubs and Music Venues by Twenty Percent
UK Inflation Falls to Two Point Six Percent in June as Food and Fuel Prices Ease
Andy Burnham Becomes UK Prime Minister Facing Growth Challenges and Fiscal Pressure
UK Government Reviews Long-Term Balance Between Cost Relief, Industry Support, and Public Investment Priorities
BBC Could Receive Permanent Royal Charter Under Government Proposal
Northern Ireland Proposes End to Severe Weather Exemptions for Electricity Compensation Rules
Andy Burnham Holds Talks With UK Devolved Leaders on Regional Cooperation and Devolution
House of Lords Launches Inquiry Into Risks Facing UK Democratic Institutions
ScottishPower Renewables Plans Major Rebuild of Whitelee Wind Farm With Fewer Larger Turbines
UK and Italy Leaders Discuss Global Combat Air Programme and Future European Cooperation
UK Government Announces Six Hundred Million Pound Aerospace Investment Package at Farnborough Airshow
European Union Approves UK Participation in Ninety Billion Euro Ukraine Support Loan Framework
Rolls-Royce Warns UK Government Over Jet Engine Funding Decision and Future Manufacturing Plans
UK Inflation Falls to Two Point Six Percent in June as Fuel and Food Prices Ease
Andy Burnham Begins Premiership With Two Pound England Bus Fare Cap and Electricity Tax Cut Plan
YouGov Poll Shows Tight Competition Among UK Political Parties
Space Technology Investment Expands Through UK-US Cooperation at Farnborough Airshow
UK Opens Final India Young Professionals Scheme Ballot for Three Thousand Applicants
United Kingdom Approved for Ukraine Financial Support Initiative With EU Partners
UK and Ireland Leaders Discuss Security, Energy and Regional Cooperation
British Heart Foundation Identifies Ten UK Areas With Severe Shortages of Defibrillators
Former Southern Water Executives Charged Over Alleged Water Test Manipulation Scheme
IMF Warns UK Economic Growth Will Slow to One Percent in 2026
UK Inflation Falls to Two Point Six Percent in June as Food and Energy Costs Ease
United Kingdom Joins European Union Loan Mechanism to Support Ukraine’s Defense Needs
Prime Minister Andy Burnham Introduces Two-Pound Bus Fare Cap and Energy Tax Relief Measures Across England
Northern Ireland Secures Additional Infrastructure Funding From UK Treasury
Wales Approves Port Investment Plans to Support Green Energy Supply Chains
UK Financial Regulator Simplifies Stock Market Rules to Attract More Listings
UK Reports Decline in Small Boat Crossings Across the English Channel
UK Government Creates Emergency Support Fund for Financially Pressured Universities
Scottish Government Launches Economic Strategy Focused on Innovation and Renewable Industries
UK Expands Sustainable Farming Incentives to Support Environmental Measures
×