More than 10,000 Channel migrants will not be automatically deported to Rwanda in order to save Suella Braverman’s illegal migration legislation.
Plans to apply new powers of automatic detention to any migrant who arrived after March 7 - the date the bill was presented to Parliament - have been scrapped.
The Home Secretary will instead enforce the powers after the Bill has passed through all its Parliamentary stages and been granted Royal Assent.
Ministers hope the legislation would be backdated as a deterrent to small boat crossings over the spring and summer and to avoid a surge in migrants seeking to beat the Bill’s later implementation deadline.
Ministers hope the legislation would be backdated as a deterrent to small boat crossings over the spring and summer
PAHowever, 20 defeats during votes in the House of Lords have forced the Government to offer five concessions to stop further revolts.
Ministers hope the changes will avoid criticism when the Bill returns to the House of Commons on Tuesday and reduce the chances of a confrontation with peers that could mean it is delayed further or even blocked.
The date change follows an amendment by Lord Carlile, which blocked the retrospective application of the detention and deportation powers to March 7.
Therefore 10,000 migrants who have crossed the Channel since March 7 can only be deported under the terms of previous legislation.
This allows them to stay in the UK and claim asylum and modern slavery here before any deportation.
The new law only allows such claims after their removal to a third safe country such as Rwanda or their home nation.
When debating Lord Carlile’s amendment last month, Lord Murray, the Home Office minister, warned that without the laws “we risk organised criminals and people smugglers seeking to exploit this, with an increase in the number of illegal arrivals ahead of commencement of the Bill”.
He added: “This would likely lead to an increase in these unnecessary and dangerous small boat crossings and could place even more pressure on not only our asylum system but our health, housing, education and welfare services.
The date change follows an amendment by Lord Carlile, which blocked the retrospective application of the detention and deportation powers to March 7.
PA“This risk will only grow as we get closer to Royal Assent and implementation.”
The Home Office offered a series of concessions on Monday evening, including limits on the detention of unaccompanied children, who will be granted immigration bail after eight days rather than the current proposed 28.
Another change will prevent people who have already entered the UK without permission from being removed retrospectively after the legislation receives royal assent.
The Government will also keep the current limit of 72 hours on the detention of pregnant women – though this can be extended to seven days on the authorisation of a minister.
