Keir Starmer’s government faces backlash for maintaining asylum rules that block human rights defences

The UK government, led by Prime Minister Keir Starmer, has decided to uphold a controversial ban preventing asylum seekers from using modern slavery and human rights protections in their claims. This move comes despite previous criticisms from Starmer’s ministers regarding these very measures, which have sparked ongoing debate around the treatment of asylum seekers.

The decision comes amid rising pressure to address the increasing number of asylum seekers arriving on small boats. This issue has become one of the primary concerns for British voters, especially after Starmer pledged during his 2024 election campaign to “smash the gangs” that run the people-smuggling operations.

The new Border Security, Asylum, and Immigration Bill, introduced to Parliament on Thursday, includes provisions that would allow authorities to seize mobile phones from asylum seekers to track and dismantle smuggling rings. It will also empower police to target individuals suspected of supplying parts used in the small boats that bring people to the UK.

Under this new legislation, asylum seekers will also remain barred from using modern slavery laws to challenge removal decisions, and the government intends to retain powers to detain child asylum seekers for up to 28 days, a measure that had been controversial when it was first passed under the previous Conservative government.

While Labour had previously opposed these parts of the legislation, they now plan to retain them, with Starmer’s government backing the decision. In 2023, Starmer had voiced concerns that removing modern slavery protections would undermine safeguards for vulnerable women trafficked into the UK, calling it a decision that would “drive a coach and horses” through vital protections.

At the time, Jess Phillips, who is now a junior interior minister, referred to the legislation as a “traffickers’ dream,” saying it would make it harder to detect and protect victims of modern slavery. Despite these past critiques, the government’s decision signals a shift, with Starmer prioritising policies that align with public demand for stricter immigration controls.

With immigration and asylum issues now ranked as the second most important topic for voters, after the economy, the government is under immense pressure to act. Official figures show that 36,816 people arrived via small boats in 2024, a 25% increase from the previous year, making it the second-highest number of arrivals since data collection began in 2018.

The debate over these policies is expected to intensify, with many questioning the long-term impact on vulnerable populations and the UK’s international human rights reputation. Critics argue that the government’s stance risks deepening the plight of those fleeing violence and exploitation, while others insist that stronger measures are necessary to combat illegal immigration and the associated criminal activities.

THE GUARDIAN

The UK’s proposed people-smuggling laws, part of the Border Security, Asylum and Immigration Bill, have sparked concerns from refugee charities, who argue that they could criminalise asylum seekers. The bill, which introduces severe penalties for smuggling, could result in asylum seekers who refuse rescue being sentenced to five years in prison. It could also lead to prosecutions for parents bringing children across the Channel, potentially separating families. Critics, such as Enver Solomon from the Refugee Council, argue that this approach unfairly targets vulnerable refugees rather than tackling the root causes of smuggling networks. While the bill aims to curb smuggling, it could make dangerous crossings more perilous. Human rights groups emphasize that criminalising asylum seekers who are coerced into smuggling risks violating their rights and worsening their plight. The Home Office hopes the bill will disrupt smuggling gangs and reduce Channel crossings.

THE TELEGRAPH

The UK government’s new border security Bill aims to crack down on people-smuggling by introducing harsh penalties for migrants who delay rescue until reaching British waters, potentially facing five years in prison. The Bill also targets suppliers of boat parts or life jackets intended for use by smugglers, with offenders risking up to 14 years in prison. The move is part of a broader effort to combat the dangerous rise in Channel crossings. The legislation is also expected to make it easier to prosecute those involved in people-smuggling activities. Campaigners, however, have raised concerns that the law could criminalize vulnerable asylum seekers, including those forced to work with gangs during their journey. Critics argue that the focus on criminalizing migrants could exacerbate the dangers they face, while doing little to address the root causes of forced migration. Despite these concerns, the government aims to tighten security and reduce the number of small boat arrivals.