Overview

The Border Security, Asylum and Immigration Bill aims to strengthen UK border security, reform asylum and immigration processes, and enhance the prevention of serious crime. Key elements include the creation of a Border Security Commander, new offenses related to immigration crime and serious crime, and changes to data sharing and biometric information collection.

Description

Border Security Commander

Establishes a Border Security Commander (a civil servant) to coordinate the activities of various government agencies dealing with border security threats. This includes issuing strategic priority documents for partner authorities to follow.

New Offenses

Creates new offenses related to supplying, handling, or collecting articles or information intended for use in immigration crime (e.g., falsified documents, transportation equipment). It also introduces an offense for endangering others during sea crossings to the UK.

Electronic Device Searches

Grants authorised officers (immigration officers and constables) greater powers to search electronic devices of individuals who have entered the UK illegally or in breach of immigration rules. This includes the power to access, copy and retain information on these devices.

Data Sharing

Extends powers for sharing customs data held by HMRC and trailer registration data held by the Department of Transport with various government agencies, international organisations, and law enforcement bodies for specific purposes, including immigration and crime prevention. It includes safeguards to protect data privacy.

Biometric Information

Authorises the collection and retention of biometric information from evacuees and individuals whose departure from a state or territory is being facilitated by the UK government, as well as the expansion of biometric collection at ports in Scotland. Strict rules govern the use and retention of this data.

Repeals and Amendments to Existing Legislation

Repeals parts of the Safety of Rwanda (Asylum and Immigration) Act 2024 and the Illegal Migration Act 2023. It also makes numerous amendments to existing immigration and asylum legislation, including altering detention rules and adding conditions to leave and bail.

Serious Crime Prevention Orders

Introduces new provisions for serious crime prevention orders, including electronic monitoring requirements and interim orders. Specifies applicant authorities for these orders and establishes safeguards, including notice requirements.

Qualification Fees

Retroactively validates fees charged for services relating to the recognition, comparability, or assessment of qualifications for immigration or nationality purposes.

Government Spending

The bill will involve expenditure by the government on establishing the Border Security Commander's office, implementing new data sharing systems, and other operational costs. Specific figures are not provided in the bill itself.

Groups Affected

The Bill will affect:

• Individuals seeking to enter the UK illegally: Face increased penalties and stricter border controls.
• Asylum seekers: The bill includes repeal provisions regarding existing legislation that impacts this group, and this group may be affected by changes to detention and biometric data collection.
• Immigration advisors and service providers: Subject to changes in regulation and oversight.
• Government agencies: Will face changes in their responsibilities and cooperation requirements related to border security.
• Law enforcement agencies: Granted new powers related to searching electronic devices and data sharing.
• Individuals convicted of serious crimes: May be subject to new serious crime prevention orders and electronic monitoring.
• Organisations assisting asylum seekers: May face legal challenges if their actions are deemed to involve offenses under the act.
• Individuals in possession of items relating to serious crime: Face new criminal charges.

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