The UK’s Border Security, Asylum, and Immigration Bill 2025 seeks to overhaul the immigration system, strengthening national security against organized illegal immigration crime while reshaping asylum policies to enhance border control and enforcement.
Introduction
The Border Security, Asylum and Immigration Bill 2025[1] is a significant step towards strengthening border security and combating organized immigration crime. The bill was introduced on 30th January 2025, as part of a strategy to handle the ongoing migration crises in the country. The proposed legislation is inspired by counter-terrorism laws and aims to reflect the same effectiveness. It would grant law enforcement (not limited to the police) the authority to arrest and deport individuals who have been involved in illegal migration.
The bill consists of 57 clauses and two schedules. The government views this as an important step as it moves towards repealing much of the Asylum Legislation passed under the direction of the Sunak administration. The legislative proposal promises to abolish the Safety of Rwanda (Asylum and Immigration) Act 2024 and repeal provisions from the Illegal Immigration Act 2023[2].
Key Provisions
There is an ongoing crisis of Illegal immigration through small boats.[3] The border security has not been enough as the number of immigrants keeps increasing. This has caused an uproar in the country due to the widespread crimes[4] that are now happening, such as grooming rings, gang-related crimes, knife crimes, and drugs. The legislative document aims to bring several legal modifications to the system as well as the law.[5] The laws proposed under the bill cover three elements which with the correct implementation could curb the ongoing issue. Elements:
- Modernizing the Asylum and Immigration System.
- New Border Security Command within the Home Office.
- Powers reserved to combat terrorism would be applied to immigration crime.
These three elements apply a new system and rigidity. Under the new law proposed, law enforcements would receive more authority which will enhance their ability to act rapidly which further would decrease the number of boat smuggling. The bill grants them preventative measures[6] without compromising on individual rights. The authority has the power to confiscate and seize all or any electronic devices without arresting the individuals who entered illegally if intelligence suggests that the confiscation could help uncover a network of smugglers.
The laws under the bill closes all open ends and loopholes existing in the current immigration laws and heavily focuses on enforcement measures. One of the key provisions is the establishment of a new unit, Border Security Command[7], which would take direction from the Home Secretary. The unit would be responsible for investigations of organized immigration crime, using preventative tools granted by the bill, and acting swiftly on deportations. As directed in the bill, the government would focus on “Serious Crime Prevention Orders” which would hamper and limit the activities of any individual suspected of being responsible or involved with organized migration.
The bill makes it harder for immigrants who arrive without complete and legitimate documentation to apply for asylum in the country. Under the new law, immigrants would have restricted rights to appeal, a fast-track process would be adopted to deport individuals with weak claims for asylum, and immediate removal of illegal immigrants who travelled via “safe third world” countries before entering the UK. Criminal Offenders of foreign nationality who have been prosecuted for serious crimes would face immediate and automatic deportation from the state.
The legislative document has introduced interim orders to strengthen the new system against organized migration. Such orders would permit the National Crime Agency and law enforcements, including the police, to file an application directly to the High Court requesting restrictions for individuals while the full order is still underway. These impositions will include- Social Media blackout which can prevent the suspect from networking through any channels and Travel Ban. These restrictions can prevent the suspect from passing information, warning others in the network, and running away.
A Biometric Data system consisting of facial recognition and fingerprint scans has been introduced under the bill. The proposed law would require authorities to collect biometrics as soon as the law comes into force to identify people who pose a risk to endanger border and national security. The government would be granted more power to keep a check on individuals of foreign nationality who were transported by the UK government without a visa during extraordinary circumstances of crises. The identification of illegal immigrants who pose a threat to the country and/or neighbouring states and those suspected of smuggling people will be communicated to parting countries which will facilitate support.
The bill introduces a provision for “Protecting Life at Sea”. It will be considered an offence to endanger life at sea by smuggling people through water. Any individual who enters illegally and creates a risk of death or risk of serious injury while crossing the sea would face criminal prosecution and an increased sentence up to 5 years.
Anybody suspected of assisting in transporting illegal immigrants into the UK, providing fraudulent identification and documents to undocumented individuals, and giving employment to individuals who do not have legal papers and residence status would be prosecuted for longer than before with some offenses whose imprisonment has increased up to 14 years.
The detention centres would be used at a higher capacity as a temporary residence for illegal immigrants who are to be deported back to their home country. If the authorities deem it necessary to detain an individual for longer than required, they have the permission to do so under this bill. This is deemed a necessity by the government as those who are rejected for asylum often run away or disappear.
Need for Legislative Reform
Border security is a national duty to protect economic and national security. The overwhelming number of illegal immigrants has caused a hostile environment in the state leading to a shift in the nature of the laws. The illegal migration has allowed gangs to build a network of smuggling operations which has led to illicit financial activities accompanied by serious violent crimes.[8]
In 2024, 36,816 migrants arrived in the country on 695 small boats, which is a significant increase in number than the year before.[9] The overcrowding on boats has led to several fatalities as 53 people travel in 1 boat. The United Nations agency -International Organization for Migration tracks the number of people who die traveling through sea and they estimate around 78 migrants died while attempting to enter the country through water[10].
The Illegal Migration Act was unable to stop the migration through small boats which has led to excess of people and caused a backlog. Most of the undocumented migrants are eligible for accommodation as per the current law. However, there is no prospect to remove individuals, even those who migrated from safe countries. The asylum seekers from Rwanda who were permitted in the country under the Migration and Economic Partnership reached the limit after the first year itself creating a high number of migrants. The United Kingdom has spent more than 5 billion pounds in asylum support and 8 million pounds per day of taxpayer money on hotels for asylum seekers.
The stance of International Law is always in favour of the protection of human rights and migrants. The principle of non-refoulement would not be broken if the bill imposes proper enforcement and organized implementation. While the right to family life and due process is fundamental, the growing crime and illegal migration has caused disruption in the law and order of the country. The statement “make streets safe again”, was stated while presenting the bill in the House of Commons, which is the overall goal of this bill.
Conclusion
The Border Security, Asylum, and Immigration Bill 2025 reflects a more stern and rigid structure to combat illegal migration. The new law will focus on proper and efficient administration responsible for deportation and strengthen the enforcement measures. While this decisive decision might come off as harsh, illegal immigrants by definition means ‘illegal’. The protection of human rights is a fundamental responsibility of the government; however, the primary obligation is towards its citizens.
The current immigration system has led to a wave of undocumented people entering the country. When the number of people is overwhelming,[11] the resources start falling short, benefitting no one. A fair system can be fast and effective at the same time. The new bill can combat the crises and give opportunity to those who have opted for the legitimate and lawful route. This will decrease a substantial amount of economic exploitation and burden on the taxpayer’s money.
The objective is to ensure that a fair process is followed swiftly. Countries like Australia, Poland, and Hungary have implemented stricter policies for border security and have seen a significant decrease in the number of people illegally coming in. It is the right of an individual to apply for asylum, and it is the right and obligation of a state to give asylum to those who do not pose a threat to their peace and security.
Usually, the critics argue that women and children in unsafe countries would also be subjected to these harsh laws. However, the number of young and older men who enter illegally is shockingly high. The bill focuses on creating a disciplined and organized system that protects its citizens while protecting the rights of immigrants.
In conclusion, a state can only take so long to take immigrants till there is stability in the country. To protect that stability, stricter laws and proper checks and balances are needed. Sovereignty allows the nation to make these decisions to honour its principal obligation towards the people of the United Kingdom.
[1] UK Parliament, ‘Border Security, Asylum and Immigration Bill’ (Government Bill, House of Commons, Session 2024-25) https://bills.parliament.uk/bills/3929.
[2] House of Commons Library, ‘Border Security, Asylum and Immigration Bill 2024-25’ (Research Briefing, 31 January 2025), https://commonslibrary.parliament.uk/research-briefings/cbp-10185/.
[3] UK Government, Transparency Data: Small Boat Activity in the English Channel https://www.gov.uk/government/publications/migrants-detected-crossing-the-english-channel-in-small-boats.
[4] National Crime Agency, National Strategic Assessment 2024 of Serious and Organised Crime https://www.nationalcrimeagency.gov.uk/threats/nsa-firearms-2024.
[5] UK Government, Border Security, Asylum and Immigration Bill: Overarching Information Factsheet (30 January 2025) https://www.gov.uk/government/publications/border-security-asylum-and-immigration-bill-2025-factsheets/border-security-asylum-and-immigration-bill-overarching-information-factsheet.
[6] UK Parliament, Border Security, Asylum and Immigration Bill: Explanatory Notes (HC Bill 173, 2024-25) https://publications.parliament.uk/pa/bills/cbill/59-01/0173/en/240173en.pdf .
[7] Border Security, Asylum and Immigration Bill, Volume 761: debated on Thursday 30 January 2025 https://hansard.parliament.uk/commons/2025-01-30/debates/25013042000016/BorderSecurityAsylumAndImmigrationBill#:~:text=Introduced%20today%2C%20the%20Border%20Security,thereby%20disrupting%20their%20ability%20to.
[8] UK Government, No Place to Hide: Serious and Organised Crime Strategy 2023-2028 (December 2023) https://assets.publishing.service.gov.uk/media/65798633254aaa0010050bdc/SOC_Strategy_23-28_V9_Web_Accessible.pdf.
[9] UK Government, Accredited Official Statistics: How Many People Come to the UK Irregularly? (28 November 2024) https://www.gov.uk/government/statistics/immigration-system-statistics-year-ending-september-2024/how-many-people-come-to-the-uk-irregularly.
[10] International Organization for Migration (IOM), Missing Migrants Project: Europe https://missingmigrants.iom.int/region/europe.
[11] UK Government, Official Statistics: Irregular Migration to the UK, Year Ending June 2024 (22 August 2024) https://www.gov.uk/government/statistics/irregular-migration-to-the-uk-year-ending-june-2024/irregular-migration-to-the-uk-year-ending-june-2024.
