For years, the term “illegal migrants” has become a regular part of the government’s vocabulary, particularly when discussing individuals journeying across the English Channel in small vessels.
With the term being used so often, you would think it would be easy to establish the number of offenders arrested and charged under the new law, but it isn’t. According to BBC’s legal correspondent Dominic Casciani, it has been impossible to answer the question, although it should be straightforward.
Since June 28, 2022, a new law has labeled entering the UK without proper authorization as a criminal act, carrying severe consequences of up to four years imprisonment. This legislation, championed by Priti Patel during her time as Home Secretary, falls under the Nationality and Borders Act.
Answers Not Forthcoming
According to a BBC report, most immigrants coming to the border are from Albania, facilitated by gangs looking to recruit them into the drug industry. They get into Europe and particularly Calais, which they access through Belgium. With credible reporting of the connection between illegal immigrants and crime, it is reasonable for any concerned citizen to want to know how many immigrants have been apprehended since the law came into force.
To understand how the law is implemented, Casciani started his enquiry by asking Kent police, which reported not having arrested anyone. Instead, they forward the immigrants they contact to the Home Office.
After Kent police, the next stop was the crown prosecution office (CPS), which referred him to the Ministry of Justice, which claimed its statistics would be ready once all cases were processed.
Hitting a deadlock, he returned to the CPS, which suggested making a freedom of information request implying the data existed. He was later told to ask the home office for the data. In the end, the home office would not tell. However, it later disclosed that 224 people had been arrested since the law was enacted but would disclose if they were charged under the new law.
Government Personnel Responses
Tom Pursglove, former junior minister for tackling illegal immigration, clarified that this new offence was designed to deter migrants from embarking on dangerous journeys to the UK. According to Pursglove, the immigrants arrive at the UK’s cost but do not technically get into the UK, meaning they are apprehended before entering and thus not arrested. However, he reassured Parliament that this law would not target genuine refugees and asylum seekers.
Home Secretary, Suella Braverman, insists that migrants are indeed arriving illegally, but neither Kent Police nor the Crown Prosecution Service (CPS) could confirm any arrests or charges relating to illegal arrival.
“The whole situation is complicated, and the lack of transparency doesn’t help. We need to balance border control with humanitarian concerns,” says Attorney Mario Godoy of Godoy Law Office Immigration Lawyers.
It’s a Matter of Wait and See
Braverman described the English Channel arrivals as an “invasion on UK’s southern coast”, claiming the number of immigrants “reaching the UK illegally in small boats” is at an all-time high. However, without clear data on arrests or charges under the new law targeting small boat migrants, these statements remain unverified.
With the Home Office remaining secretive about illegal immigration statistics, it seems Freedom of Information requests may be the only way to get answers. Unfortunately, the process could take months. In the meantime, the debate around illegal migration continues, with more questions than answers.
