ILLEGAL MIGRATION ACT 2023
What is the Illegal Migration Act?
Under the Illegal Migration Act 2023, those who enter the UK through ‘illegal’ means (such as by crossing the channel in small boats) won’t be allowed to stay or claim asylum in the UK. Instead, they’ll be detained and removed either to their home country or a third nation that is deemed to be ‘safe’.
Essentially, this means that only those who can afford to enter the UK via safe and legal routes will be able to claim asylum. This requires time, money and resources that many LGBTIQ+ people around the world do not possess. This excludes anyone who had no choice but to escape their country in order to protect their own lives. Under the Illegal Migration Act, an LGBTIQ+ person who flees their country under the cover of darkness, with no funds, no documents and nothing but a desire to be protect their life and live freely, would be immediately denied their right to seek asylum upon arrival to the UK.
‘Illegal’ or Desperate to Survive?
The concept of viewing certain migrants as illegal stems from violations of established laws or regulations related to immigration and border control. These laws can lead to marginalisation and stigmatisation of individuals or groups who are seeking asylum. Furthermore, to consider a person as ‘illegal’ overlooks the complexities that drive them to migrate, such as violence or persecution, reducing the issue to a legal matter rather than addressing its root causes. This approach can hinder efforts to develop comprehensive, humane solutions that consider the well-being of people seeking asylum and broader societal needs.
It is for this reason that we, along with many people and organisations globally, prefer to use the term ‘irregular migrants’, as this holds less negative connotations surrounding people that are fleeing for their freedom, or indeed their lives.
Opposition to the Act
The Illegal Migration Act contradicts the United Kingdom’s commitments under international human rights and refugee laws. This legislation is poised to significantly impact individuals seeking international protection, potentially leading to profound consequences for those in dire need of refuge and support.
Key global figures in the refugee sector, such as The United Nations High Commissioner for Refugees (UNHCR), have outwardly condemned the implementation of this bill as a breach of the UK’s obligations to international human rights and refugee laws.
Extract from UNHCR Website:
“The Bill denies access to protection in the UK for anyone falling within its scope – including unaccompanied and separated children – regardless of whether they are at risk of persecution, may have suffered human rights violations or whether they are survivors of human trafficking or modern-day slavery and may have other well-founded claims under international human rights and humanitarian law.”
