What's in the Border Security, Asylum and Immigration Bill?

Nearly 37,000 people crossed the Channel last year, with vulnerable people crammed into dangerous, flimsy boats. Lives are being lost, but the gangs fuelling this vile trade do not care if the people they exploit live or die, as long as they make a profit. This cannot continue.

“We are dealing with an incredibly complex problem, one that cannot be solved overnight by unworkable gimmicks or impractical legislation."

- Home Secretary Yvette Cooper 

Border Security is one of the foundations of the Government’s Plan for Change, which means it's critical that we have the right tools to pursue those who undermine our borders and put lives at risk. It is vital that we have concrete, sustainable measures that tackle the root of the issue and help us smash the gangs. 

The Border Security, Asylum and Immigration Bill

We are introducing the Border Security, Asylum and Immigration Bill to give law enforcement tougher tools to go after people-smugglers and disrupt their ability to carry out small boat crossings. Measures are inspired by and will replicate the effects of counter-terrorism laws, including earlier intervention and apply them to organised immigration crime. 

So, what’s in the bill?

1. Counter terror-style powers to tackle organised immigration crime  

These new powers learn from the approach to combat terrorism, harnessing the value of enhanced intelligence and the ability of law enforcement to act quicker and more effectively to stop people-smugglers bringing people into the UK illegally.

Law enforcement will gain powers to seize electronic devices like mobile phones from people who come here illegally, without needing to arrest someone, if intelligence suggests that it would help uncover connections to wider people-smuggling networks. 

This is not about deeming people who come to the UK illegally terrorists or altering terror legislation. It is about going after the gangs with stronger measures, greater reach and earlier action.

2. Solidifying the role of Border Security Commander in law 

One of the first actions the government took when it came into power was establishing a new Border Security Command. The Command is providing a clear and long-term vision for border security, coordinating collaboration with government and law enforcement partners. This new legislation will put the Border Security Commander, Martin Hewitt’s, role on a legal footing. This means the Commander will have the authority to convene partners and set strategic priorities for border security.  

3. Serious Crime Prevention Orders

 We are strengthening and improving Serious Crime Prevention Orders, also known as SCPOs. They aim to disrupt and deter the activity of anyone suspected of being involved in people-smuggling. 

We are introducing interim orders to strengthen efforts against serious and organised crime, including people-smuggling.  These orders will speed up the process of imposing restrictions on individuals under investigation, helping to prevent, deter and disrupt serious and organised crime. These new interim orders will allow the National Crime Agency, the police and other law enforcement agencies to apply directly to the High Court to impose immediate restrictions while a full order is considered.

Restrictions will include travel bans or social media blackouts to combat criminals' ability to facilitate dangerous Channel crossings. 

4. Protecting life at sea 

We are strengthening our laws to make it an offence to endanger lives at sea.  

Anyone who enters the UK illegally who has created a risk of serious injury or death while crossing the Channel will risk facing criminal prosecution and an increased sentence including up to five years in prison. 

This could involve physical aggression to passengers and intimidating or coercive behaviour that prevents offers of assistance from being accepted. 

This will ensure there are consequences when another person’s life and safety has been put at risk.

5. Powers to take biometric data  

This Bill will strengthen biometric processes to ensure they can be collected at the earliest opportunity to identify people who pose a risk to border and national security. 

These new powers will enable earlier checks on foreign nationals whose exit from a crisis zone is being facilitated by the UK Government during a crisis event, without requiring a visa application. It will result in the rapid identification of foreign nationals who may pose a risk to the UK, or our partners, ensuring they are stopped from entering the country or benefitting from wider government support.

“I will not compromise on border security, which is why I’m bringing forward the most significant set of powers to properly equip law enforcement so they can tackle all elements of immigration crime.”

- Home Secretary Yvette Cooper 

The measures being introduced as part of the BSAI Bill will be developed over time to ensure our immigration system is fit to respond to emerging threats, meet future challenges and help us to stay one step ahead of organised criminals.  We will stop at nothing to bring people-smuggling gangs to justice.