Critics have warned that Labour’s fresh immigration rules could open the door to a flood of human rights claims, with left-wing lawyers poised to launch a “barrage” of legal challenges. The controversy centers on new Home Office guidance, issued this week, which suggests that migrants will “normally” be refused the right to remain if they entered the UK illegally.
The revised guidance follows a heated debate over the Border Security, Asylum, and Immigration Bill. Critics had argued that the Bill “created a path to citizenship” for small boat arrivals by repealing key legislation designed to prevent Channel migrants from “settling here or becoming British citizens”. However, the government’s move has been described as a “smokescreen” that will make it easier “for those who ignored our laws to challenge this position”, reported the Express.
Shadow Home Secretary Chris Philp lambasted Labour’s approach, stating: “Labour’s proposed ‘changes’ to the border are not worth the paper they’re written on if they press ahead with their scheme to repeal the Illegal Migration Act. Doing so will leave them wide open to legal challenges, by lefty activist lawyers – many of whom are friends of Keir Starmer, and one of whom he made his Attorney General.” Philp’s comments underscore the potential political and legal fallout if Labour proceeds with repealing the act.
Adding to the chorus of disapproval, Robert Bates, Research Director at the Centre for Migration Control, asserted: “British citizenship is a privilege, not a right. Without a clear policy that says illegal migrants can never become British citizens, we will inevitably see human rights lawyers launching a barrage of challenges to these rules. The answer is straightforwardly that anyone who enters the country without permission is removed. Left-wing staff in the Home Office are also likely to take advantage of this loose guidance to make it meet their own open-border agenda. Far too much discretion remains in the hands of civil servants who seem to act without a hint of accountability.”
Former Immigration Minister Kevin Foster also weighed in, telling the Daily Express: “The change in guidance is nothing more than a smokescreen for the Government repealing the provisions of the Illegal Migration Act 2023 aimed at preventing those who entered our country from settling here or becoming British citizens. Switching this provision to guidance will make it easier for those who ignored our laws to challenge this position to become British citizens and likely Labour voters.”
The debate has even spilled into Labour’s ranks. Senior MP Stella Creasy expressed her concern on BBC Radio 4’s Today program: “This is not about whether we offer these people refuge, these people are people who can stay here already. This is about people who are here, who are part of our communities. I was incredibly proud over the last couple of months to work with one of my neighbors, who is a young man who fled Syria, who is now making a life here, has just got his degree, is contributing to our society, and has now got British citizenship. This process would deny that. Essentially it would deny, well, frankly, Paddington. Paddington did the same thing. He came by an irregular route, but we gave him sanctuary but wouldn’t give him a passport.” In response, Ms Creasy later posted on X, formerly Twitter, stating: “We did indeed give Paddington a passport. We also gave Sir Mo Farah a knighthood and cheered him at the Olympics.”
Former Labour Home Secretary David Blunkett has warned that these revised rules could threaten community cohesion and lead to statelessness, asking, “Will the minister ask the Home Secretary to reflect on the societal and cohesion aspects of this policy, the impact on children and their right to UK citizenship and the statelessness which would arise for individuals if their birth country refused to renew or retain their nationality. Surely this Parliament should have a say in such a big change.”
In response, Home Office minister Lord Hanson of Flint stated: “He will know that the proposals today are about illegal entry to the United Kingdom and do not affect rightful citizenship applications for people who are entering the UK legally. In terms of those who are stateless and at risk of losing citizenship, for people who do qualify, there is a stateless leave provision and they can apply for that. And children again will be considered sympathetically under existing legislation.”
