UK says plan to stop Channel migrants pushes bounds of law

By Jill Lawless

LONDON (AP) – The U.K. government said Tuesday that it was ready for legal challenges to a tough new law intended to stop tens of thousands of migrants a year reaching the country in small boats across the English Channel.

Home Secretary Suella Braverman said the government had “pushed the boundaries of international law” with a bill that will bar asylum claims by anyone who reaches the U.K. by unauthorized means, and will compel the government to detain and then deport them “to their home country or a safe third country.” They would be barred from ever reentering the country.

“If you enter Britain illegally, you will be detained and swiftly removed,” Braverman told lawmakers in the House of Commons as she introduced the government’s “Illegal Migration Bill.”

The government says the new law, once approved by Parliament, will deter migrants and hobble smuggling gangs who send desperate people on hazardous journeys across one of the world’s busiest shipping lanes.

Braverman said those arriving by boat would be detained for up to 28 days and then deported, with exceptions only for children, those medically unfit to fly and people at risk of serious harm, and with limited grounds for appeal.

Prime Minister Rishi Sunak said the law would “take back control” of U.K. borders – a central pledge of the successful but divisive campaign to take Britain out of the European Union.

Critics say the plan is unethical and unworkable, since people fleeing war and persecution can’t be sent home, and is likely to be the latest in a series of unfulfilled immigration pledges by successive U.K. governments.

“The bill will not stop small boats crossing the Channel. It will only add to the trauma of the people in these boats, while further damaging Britain’s global reputation for fairness and compassion,” said Laura Kyrke-Smith, executive director of humanitarian group the International Rescue Committee.

Braverman acknowledged that the bill is likely to face legal challenges. She said there is a chance the “robust and novel” legislation breaches U.K. human rights laws. But Braverman said she was confident it is compatible with Britain’s “international obligations” under refugee and human rights conventions.

“In the face of today’s global migration crisis, yesterday’s laws are simply not fit for purpose,” she said.

Britain receives fewer asylum-seekers than some European nations such as Italy, Germany or France. But thousands of migrants from around the world travel to northern France each year in hopes of reaching the U.K., drawn by family ties, the English language or the perceived ease of getting a job.

Most attempt the journey in dinghies and other small craft now that authorities have clamped down on other routes such as stowing away on buses or trucks.

More than 45,000 people arrived in Britain by boat in 2022, up from 28,000 in 2021 and 8,500 in 2020. Most went on to claim asylum, but a backlog of more than 160,000 cases has led to many languishing in overcrowded processing centers or hotels, without the right to work.

The British government says many of those making the journey are economic migrants rather than refugees, and points to an upswing last year in arrivals from Albania, a European country that the U.K. considers safe.

Refugee groups say most of the channel arrivals are fleeing war, persecution or famine in countries including Afghanistan, Iran and Iraq. A majority of those whose claims have been processed were granted asylum in the U.K.

The charities say migrants risk the cross-channel journey because there are few safe, legal ways to reach the U.K.

“No one wants to see families continue to risk their lives crossing the freezing channel in small boats,” said Katy Chakrabortty of charity Oxfam GB. “But instead of implementing this cruel bill, the U.K. should provide more safe and legal routes for people needing protection.”

The U.K. government says that once its new law is in place it will establish more legal paths to asylum, adding to those set up for people from Afghanistan, Hong Kong and Ukraine. But it hasn’t said how many people will be accepted, or when the program will start.

It’s also unclear which, if any, safe countries will be willing to take in people deported from Britain. A plan announced by the U.K. last year to send migrants on a one-way trip to Rwanda is mired in legal challenges. No one has been sent to the East African country, though Britain has already paid Rwanda 140 million pounds ($170 million) under the deal.

Cooperation with France on stopping the boats stalled amid Britain’s acrimonious split from the European Union, though relations have improved since Sunak took office in October. The U.K. and France signed an agreement in November to increase police patrols on beaches in northern France, and Sunak hopes to cement further cooperation when he meets French President Emmanuel Macron at a U.K.-France summit on Friday.

Labour Party immigration spokeswoman Yvette Cooper accused the government of “ramping up the rhetoric on refugees” without solving the “deeply damaging chaos” in Britain’s asylum system.

“This bill isn’t a solution,” she said. “It is a con that risks making the chaos even worse.”