Strict Immigration Laws and Dangerous Migration Pathways in the UK
Migration has remained a complex process globally, and the United Kingdom has always faced several challenges in this regard. Recently, the House of Commons passed an Illegal Migration Bill, which is now under review by the House of Lords. Through the passing of this law, the relationship between migration laws and dangerous immigration pathways has come under a sharp focus. Therefore, it has become significant to understand the consequences of stringent immigration laws and advocacy for creating accessible ways for asylum seekers.
Historical Overview of the Immigration Laws of the UK
The UK has always witnessed the ebb and flow of migration, with waves of people migrating to the UK to seek better employment opportunities, social security, or join their family members.Therefore, the UK kept changing its immigration policies according to the need of time.
The first significant legislation emerged in the UK in the twentieth century with the 1905 Alien Act. The ruling addressed concerns regarding the influx of Jewish refugees from surrounding European states, particularly Russia.
After the second world war in 1948, the UK government introduced The BritishNationality Act of 1948 to overcome its labor shortage, rebuild the economy, and assert itself as the leader of the Commonwealth Nations. The act granted citizen rights to people belonging to the British colonies and Commonwealth citizens.
However, the 1971 Immigration Act repealed all previous legislation on the immigration of Commonwealth citizens.
The latter part of the twentieth century and the beginning of the twenty-first century witnessed a rise in asylum applications. Consequently, subsequent acts, the Immigration, Asylum, and Nationality Act of 2006 and the Immigration Act of 2014, aimed at strengthening border security, combating illegal immigration, and streamlining the removal process of people without legal status.
Recently, the UK government has seen a surge in asylum seekers and irregular migration. The government has responded with stringent immigration laws and policies to prevent illegal entry into the country, strengthen the removal process, and establish legal routes for asylum seekers.
The Illegal Migration Bill
The United Kingdom government has proposed a plan to deport people arriving on its shores through boats. The Illegal Migration Bill is set to bring significant changes in immigration by immediately removing those who enter the country illegally, thus eliminating their ability to impede the removal by last-minute legal appeals. Under the proposed act, more than 20 countries are considered “safe” for refugees to be deported.
Recently, the country has seen a staggering number of individuals arriving through perilous means, including small boats and trucks. In 2022, 45,700 people entered the country through illegal means. Such means pose immense risks associated with loss of lives in an attempt to cross waters. In addition, such illegal migrations also burden the state’s economy. The proposed bill aims at controlling illegal migration by strengthening detention power and restricting modern slavery to remove those who try to evade detention. Moreover, the UK government has also shown intention in the bill to work closely with the United Nations High Commissioner for Refugees to identify the most vulnerable populations and provide them with safe entry pathways.
In addition, in a summit held in Paris in March 2023, Prime Minister Rishi Sunak and French
President Emmanuel Macron signed a $576 million deal to stop cross-channel migration.
Nevertheless, the bill drew severe criticism from several human rights groups and charities
because of the following reasons:
Under the proposed act, more than 20 countries are considered “safe” for refugees to be deported. However, whether these countries will accept returned refugees is another matter. So far, there has not been any agreement between the UK government and these 20 countries on settling refugees.
The law would allow authorities to detain arrivals without bail or judicial review for up to 28 days.
Individuals under 18, deemed medically unfit to fly, or those at real risk of severe and irreversible harm in their home country would be exempted from detention. However, even in these cases, the individuals would have a maximum of 45 days to remain in the UK before their appeal is exhausted. Authorities could then remove them.
The bill is incompatible with the refugee law under the 1951 United Nations Convention and European Convention of Human Rights, and the UK is a signatory of both.
The Direct Relation Between Strict Immigration Laws and Dangerous Migration Pathways
When legal pathways for seeking refuge or better opportunities become inaccessible or
restricted, people resort to dangerous migration pathways as their only viable option. For
instance, during the period of relatively less stringent immigration laws in the 1990s, there was a notable decrease in the number of individuals resorting to perilous routes for crossing the border. However, with the implementation of stricter laws, the UK government has seen a surge in people crossing the border through illegal pathways. Statistics from the UK Home Office reveal that in 2015, there were 1,868 reported irregular crossings, a number that rose dramatically to 8,417 in 2020. Hence, the rise in irregular migration suggests a correlation between the two.
The Connection Between Strict Immigration Laws and Activities of HumanTraffickers
Additionally, the impacts of strict immigration laws and the activities of human traffickers and
smugglers cannot be ignored. As legal pathways become inaccessible human traffickers and
smugglers exploit the vulnerabilities of refuge seekers by offering them illicit migration options. According to the National Crime Agency, between 2019 and 2020, there were 10,627 potential victims of human trafficking identified in the UK, indicating the grave consequences of restrictive immigration policies. Therefore, there is a need to create accessible and legal avenues for individuals seeking asylum to deter them from resorting to hazardous migration routes and falling into the clutches of human traffickers.
Comparison with Immigration Laws in Other Countries
When comparing immigration laws of other states, statistical reports suggest a correlation
between strict immigration laws and perilous migration routes. For example, according to data from the International Organization for Migration (IOM), implementing more stringent
immigration laws in the United States significantly increased migrant deaths along the US-
Mexico border. Between 2017 and 2020, the number of migrant deaths recorded in the region reached a staggering 1,659, with a notable surge after implementing stricter immigration measures. However, statistics from countries like Canada and Sweden suggest positive outcomes of providing accessible pathways for migration. For instance, in 2019, Canada resettled over 30,000 refugees, providing them with legal and safe avenues to seek asylum. Hence, this correlation suggests adopting comprehensive, humane, and accessible approaches to address migration challenges effectively.
Moving Forward; Embracing Compassionate Immigration Policies
As we move forward, it is necessary to recognize that behind every immigration, there is a story of hope, dream, and passion for a better and secure future. Our moral duty is to treat them with empathy, compassion, and dignity. By offering accessible pathways for asylum seekers, we can eliminate dangerous routes available to them and their exploitation by smugglers and traffickers. By fostering a culture of empathy and inclusivity, we can dispel misconceptions, challenge stereotypes, and build bridges of understanding between diverse communities. Let us strive for a future where compassion guides our immigration policies, where human rights are protected, and where the inherent dignity of every person is upheld. By doing so, we can create a society that is fair and just and reflective of our shared humanity.
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