Illegal Migration Act 2023
| Act of Parliament | |
| Long title | An Act to make provision for and in connection with the removal from the United Kingdom of persons who have entered or arrived in breach of immigration control; to make provision about detention for immigration purposes; to make provision about unaccompanied children; to make provision about victims of slavery or human trafficking; to make provision about leave to enter or remain in the United Kingdom; to make provision about citizenship; to make provision about the inadmissibility of certain protection and certain human rights claims relating to immigration; to make provision about the maximum number of persons entering the United Kingdom annually using safe and legal routes; and for connected purposes. |
|---|---|
| Citation | 2023 c. 37 |
| Introduced by | Suella Braverman, Home Secretary (Commons) The Lord Murray of Blidworth, Parliamentary Under-Secretary of State for Migration and Borders (Lords) |
| Territorial extent | |
| Dates | |
| Royal assent | 20 July 2023 |
| Commencement | 20 July 2023 |
Status: Current legislation | |
| History of passage through Parliament | |
| Records of Parliamentary debate relating to the statute from Hansard | |
| Text of statute as originally enacted | |
| Text of the Illegal Migration Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Illegal Migration Act 2023 (c. 37) is an act of the Parliament of the United Kingdom, introduced by the Home Secretary, Suella Braverman, in March 2023. Most of its heavily debated provisions have never been commenced by Home Office Ministers, those targeted to reduce or end "small boat crossings", across the English Channel, which push against elements of international major treaty-based law.
The act proposed to detain and remove those from the UK who arrive in that country by illegal means, as well as blocking them from re-entry. It followed a rise in the number of migrants crossing the English Channel by boat, which increased from 300 annually in 2018 to 45,000 in 2022, and 3,150 as of March 2023. This issue was one of five key priorities outlined in January 2023 by prime minister Rishi Sunak, who tweeted: "If you come here illegally, you can't claim asylum. You can't benefit from our modern slavery protections. You can't make spurious human rights claims and you can't stay."
The bill had its third reading in the House of Commons on 26 April 2023. MPs voted 289–230 in favour of the bill, which was then sent to the House of Lords for consideration.
As widely expected on 5 July 2023, the government began to push through the bill to make it an Act of Parliament, using the power of actual or threatened provisions of the Parliament Act 1911 which enable the elected chamber to deliver Government manifesto commitments. Six days later, Immigration Minister Robert Jenrick explained the government did not support “little short of wrecking amendments” as were tabled by committees and many members in the Lords.
On 20 July 2023, the bill received royal assent (succeeded in becoming an Act of Parliament), requiring future commencement of its most controversial sections – this has not taken place and several will be re-formulated in new laws, which may be commenced, under the Starmer ministry elected the following summer.