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by Munro Research

Illegal Immigration (Offences) Bill


Official Summary

A Bill to create offences in respect of persons who have entered the UK illegally or who have remained in the UK without legal authority; and for connected purposes.

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Overview

This bill aims to criminalize illegal immigration to the UK, making it an offense to be present in the UK without legal authority after March 31, 2025, or to enter or attempt to enter illegally after that date. The bill mandates deportation unless the Secretary of State deems it against the public interest.

Description

This bill establishes new criminal offences related to illegal immigration:

  • Being in the UK without legal authority after March 31, 2025: This will be a criminal offence.
  • Entering or attempting to enter the UK without legal authority after March 31, 2025: This will also be a criminal offence.

Penalties: Penalties vary by jurisdiction (England & Wales, Scotland, Northern Ireland) but include imprisonment (up to 12 months in England & Wales and Scotland, 6 months in Northern Ireland) and/or fines. Those convicted will be subject to deportation unless the Secretary of State certifies it is against the public interest. This certification requires evidence demonstrating it is against the public interest, and that the burden of proof is placed on the government, not the individual

Extent and Commencement: The Act applies to England, Wales, Scotland, and Northern Ireland and comes into force upon passage.

Government Spending

The bill's direct impact on government spending is not specified in the provided text. However, increased enforcement, processing of deportations, and potential legal challenges will likely lead to additional costs.

Groups Affected

The bill will primarily affect:

  • Individuals in the UK without legal authority after March 31, 2025: They will face criminal prosecution and potential deportation.
  • Individuals attempting to enter the UK illegally after March 31, 2025: They will face criminal prosecution and potential deportation.
  • Immigration enforcement agencies: Increased workload and operational costs.
  • Courts and legal professionals: Increased caseloads related to prosecutions and deportation appeals.
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