Overview

The Border Security, Asylum and Immigration Bill aims to strengthen the UK's borders, reform asylum and immigration processes, and enhance the prevention of serious crime. It introduces a new Border Security Commander, creates new offenses related to immigration and serious crime, and repeals parts of previous legislation, including the controversial Rwanda asylum plan.

Description

Border Security Commander

The bill establishes a Border Security Commander, a senior civil servant responsible for coordinating the activities of various agencies involved in border security. This includes preparing annual reports and issuing strategic priority documents. The Commander will work with a board of representatives from relevant agencies but excluding the intelligence agencies. The Secretary of State can issue directions and guidance to the Commander.

New Offenses

The bill introduces several new offences, including supplying or handling articles for use in immigration crime (e.g., fake documents, transportation aids) and collecting information for use in the same. There are specific exceptions for rescue efforts and humanitarian aid. It also creates new offenses for endangering others during sea crossings to the UK.

Powers of Search

The bill grants authorized officers (immigration officers and constables) expanded powers to search individuals, properties, vehicles, and containers for electronic devices that may contain information relevant to immigration or other crimes. These powers are subject to reasonable suspicion and specific conditions.

Information Sharing

The bill allows for greater sharing of information between various government bodies, including HMRC (customs) and the Secretary of State for Transport (trailer registration data). This sharing is subject to strict rules about how this information may be used and with whom it may be disclosed.

Repeal of Legislation

The bill repeals the Safety of Rwanda (Asylum and Immigration) Act 2024 and parts of the Illegal Migration Act 2023, significantly altering the government's approach to asylum seekers and illegal immigration.

Serious Crime Prevention Orders

The bill amends the Serious Crime Act 2007, adding provisions for electronic monitoring as a requirement of serious crime prevention orders, and for interim orders that can be imposed while awaiting a final decision on an application for an order. It also specifies applicant authorities and notification requirements.

Government Spending

The bill does not specify exact figures for government spending. However, it will likely lead to increased expenditure on border security measures, staff for the new Border Security Commander, enforcement of new offences, and implementation of electronic monitoring. Conversely, the repeal of some legislation might lead to savings in certain areas.

Groups Affected

This bill affects a wide range of groups including:

• Asylum seekers: The repeal of legislation relating to asylum processes will likely have a significant impact on asylum claims.
• Illegal immigrants: The bill introduces new offences and increased penalties, affecting illegal immigrants and those assisting them.
• Border Force and other agencies: The bill creates a new structure and responsibilities for these agencies, impacting their operations.
• Humanitarian organizations: The legislation could potentially impact the activities of organizations supporting asylum seekers.
• Individuals involved in serious crime: The bill expands powers to monitor and detain these individuals.
• Businesses and individuals providing immigration services: The amendments to the regulation of immigration advisors will likely affect these parties.

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