Border Force to be given 'counter-terrorism' powers in crackdown on small boats
30 January 2025, 13:02
Immigration authorities are to be given much stronger powers, inspired by those used to prevent terrorism, in an effort to tackle deadly small boat crossings in the English Channel.
Listen to this article
Loading audio...
But a new Bill, introduced by the Home Secretary, won’t repeal some controversial aspects of illegal migration laws introduced by the Conservative government.
Ministers are planning to give Border Force the ability to seize phones and laptops from migrants who arrive in the UK on boats and in lorries, without the need to arrest them.
And people who research or plan crossings could soon face a jail term of up to five years. The sentence would be even more strict for criminals who sell boats and engines, with the potential of up to 14 years behind bars.
Home Secretary Yvette Cooper said: “Over the last six years, criminal smuggling gangs have been allowed to take hold all along our borders, making millions out of small boat crossings.
“This Bill will equip our law enforcement agencies with the powers they need to stop these vile criminals, disrupting their supply chains and bringing more of those who profit from human misery to justice.
“These new counter terror-style powers, including making it easier to seize mobile phones at the border, along with statutory powers for our new Border Security Command to focus activity across law enforcement agencies and Border Force will turbocharge efforts to smash the gangs.”
Read more: 'Terrorism has changed': PM says Southport killings 'must be a line in the sand for Britain'
The majority of criminals who facilitate small boat crossings are operating from overseas, but it’s understood the new law in the UK could allow authorities to extradite people they have evidence against.
A source said smugglers ‘never stay still’, adding that if they step foot in the UK - or ‘a friendly country’ - then they will be arrested.
The Border Security, Asylum and Immigration Bill will repeal the Safety of Rwanda Act and large swathes of the 2023 Illegal Migration Act.
But some aspects of it will be kept, including around detention powers and a ban on illegal migrants being able to claim protections as victims of modern slavery.
When the Act was introduced by the last government, Labour frontbenchers, including the Prime Minister and Home Office minister Jess Phillips were extremely critical of it.
Asked why the measure wasn’t being reversed, a Labour source said: “We’re not in the business of repealing things for the sake of it. We’re retaining things that have an operational benefit.”
The new legislation will also make it a criminal offence to endanger life during perilous crossings on the Channel, with examples of children being held over the side of boats, to dissuade authorities from intercepting.
If prosecuted, offenders could be jailed for up to five years.
Border Security Commander, Martin Hewitt, said: “It is vital that the government and our law enforcement partners have the right tools to tackle the people smuggling gangs abusing our border.
“This Bill will do exactly that, by equipping teams on the ground dealing with this issue first hand and empowering them to go further and act faster when dismantling organised criminality.
“These crucial measures will underpin our enforcement action across the system, and together with our strengthened relationships with international partners, we will bring down these gangs once and for all.”
Authorities have expressed frustration at only being able to take some action against facilitators of people smuggling after a crossing has been made, and not in the preparation steps.
Taking inspiration from counter terrorism laws, ministers now plan to give greater powers to arrest and prosecute before a boat can even get to a French beach.
The Conservatives, though, have described the proposed laws as weak.
Chris Philp, the shadow home secretary, said: “It re-announces steps the last Government took already, and beyond that only engages in minor tinkering - for example, about taking phones off illegal immigrants when they arrive. That won’t stop the boats.
“As the National Crime Agency said, an effective removals deterrent is needed to stop the boats, but there is nothing about a returns deterrent for all illegal migrants in Labour’s Bill.
“The Government clearly has no plans to limit the abuse of human rights law or to use the visa sanctions which the previous Conservative Government legislated for – and Labour voted against - to ensure other countries take back their own nationals with no right to be in the UK.”
The Border Security, Asylum and Immigration Bill also seeks to tackle other elements of serious organised crime, including making it illegal to possess templates for 3D printed guns, pill presses and vehicle concealments.
