With illegal immigration and its impact on communities remaining constant in the news, we have decided to take a look at the Border Security, Asylum and Immigration Bill.
What is the Government hoping to achieve with its legislative approach to addressing border security, illegal immigration, and the regulation of the asylum system.
Introduced in January 2025 under the Labour government, this Bill responds to ongoing issues arising from small boat crossings via the Channel, persistent asylum system challenges, and the perceived shortcomings of post-Brexit policies, including the now-repealed Rwanda policy and elements of the 2023 Illegal Migration Act.
The overarching goal of the Bill is to “strengthen UK border security against evolving threats such as organized crime and terrorism, while modernizing the asylum and immigration system”.
Key Provisions
● The Bill creates a statutory Border Security Command (BSC), led by a Border Security Commander, tasked with coordinating activities to disrupt organized immigration crime.
● The BSC is modelled after the UK’s successful counter-terrorism frameworks, bringing increased focus and coordination to border-related enforcement and intelligence tasks.
● Criminalizes online content—including advertisements and social media posts—designed to facilitate or promote illegal immigration, particularly small boat crossings and procurement of forged travel documents (penalties up to 14 years imprisonment).
● Creates specific offenses for the supply of materials and equipment intended for illegal immigration activities.
● Introduces new crimes for endangering lives during sea crossings (up to 6 years’ imprisonment), focusing on those who organize or pilot such journeys.
● Expands criminal and civil penalties for those knowingly enabling or facilitating unlawful entry into the UK.
● Expands police and border authorities’ ability to search, seize, and retain electronic devices from asylum seekers or suspected immigration offenders.
● Provides new powers for data sharing between UK agencies (such as HMRC and DVLA) and with international partners.
● Extends the use of Serious Crime Prevention Orders (SCPOs) in relation to immigration-related offences.
● Repeals the Safety of Rwanda (Asylum and Immigration) Act 2024 and key parts of the Illegal Migration Act 2023, signaling the end of the policy to deport asylum seekers to third countries considered “safe.”
● Amends the regulation and oversight of immigration advisors.
● Maintains bans on certain asylum applicants, such as those who have entered the UK illegally, from making claims under modern slavery or human rights law.
● Provides that civil legal service support will not be available for those subject to removal, except in exceptional circumstances.
● Expands the detention powers relating to individuals facing deportation.
● Contains proposals for improved death reporting in asylum accommodation or during attempted border crossings.
● Calls for greater cooperation with French authorities and other agencies to monitor and respond to deaths and emerging risks in the Channel.
Support and Rationale
● Government/Official Support: The Home Office and proponents describe the Bill as a landmark step to combat organized immigration crime, human trafficking, and to “restore order” at UK borders. Proponents emphasize that stiffer criminal penalties and better border command coordination are necessary for tackling well-funded and technologically sophisticated people-smuggling networks.
● Security and Enforcement Community: Some border enforcement agencies support the centralized command and increased enforcement tools, suggesting these measures will improve operational efficiency and international cooperation.
● Public Sentiment: Sectors of the public support the Bill’s “tough on crime” ethos, seeing it as a direct response to recurring headlines about illegal Channel crossings and deficiencies in border control.
Criticism and Concerns
● Human Rights and Refugee Groups: Organizations including the Refugee Council, Border Criminologies, and Asylum Matters argue the Bill criminalizes people seeking safety, increases the risk of convicting actual refugees, and potentially contravenes the UK’s obligations under the Refugee Convention.
● Legal Commentators: Concerns persist that expanded criminal offenses may inadvertently target asylum seekers rather than smugglers, especially for acts that are essential to their asylum claim (e.g., arranging their own passage or using forged documents out of necessity).
● Effectiveness and Safe Routes: Critics, including legal NGOs and advocacy groups, question the Bill’s likely effectiveness, noting that prior deterrence-based legislation failed to reduce small boat crossings in practice. The Bill does not provide for additional or improved safe and legal asylum routes.
● Liberty and Privacy: Expanded search and seizure powers raise civil liberties issues, with privacy campaigners flagging the potential for overreach in the collection and retention of migrants’ and asylum seekers’ electronic data.
● Transparency: Despite amendments proposed in Parliament, the Bill does not contain comprehensive requirements for public reporting on deaths at borders or in asylum accommodation, drawing renewed calls for oversight.
● Potential for Increased Fatalities: Some experts argue that increased criminal penalties and stricter enforcement may force asylum seekers into riskier routes, thereby increasing the danger of Channel fatalities.
Conclusion
The Border Security, Asylum and Immigration Bill 2025 marks an ambitious and far-reaching attempt to reform UK border and asylum law, blending increased enforcement with substantial legislative changes to previous migration regimes. While the Bill’s stated intention is to target organised crime and enhance national security, it has generated significant controversy among legal experts, human rights campaigners, and operational stakeholders alike.
Continued monitoring and legal scrutiny of its implementation, particularly its impact on migrants’ rights, border fatalities, and cross-agency coordination, will be essential.
Border Security, Asylum and Immigration Bill 2025 explained
