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On the 14th of May this year the Queen gave royal ascension to the Immigration Bill. This bill had been launched on October 9th 2013 and sponsored by the Home Secretary Theresa May. It outlined the Coalition government’s new approach to what it considered to be the key problems of the immigration sector. Hopefully this post will highlight some of the history, contents and responses to the bill, which given its cross-societal nature, have been widespread and largely in opposition.

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In overview, the bill deals with several large areas:

1) The extension of fingerprint and biometric controls, passport controls, and embarkation orders in order to better and more quickly identify illegal migrants. Increase powers to inquire into partnership and marriage statuses to prevent sham marriages.

2) Cut the number of decisions on which a migrant can appeal against asylum refusal and deportation from 17 down to 4. Create a policy of ‘deport first and appeal later’ in cases where no clear threat to life exists. Advance government pressure to reduce the use of Article 8 (EHR Right to Family Life) in court hearings. Increase restrictions on multiple requests for bail from immigration detainees.

3) Restrict access to illegal migrants in a number of areas. Firstly require landlords to check immigration status on prospective and existing tenants. Secondly enforcing a payment on those subject to immigration controls for short term stay visas or longer than 6 months (asylum seekers excluded) for use of the NHS. Others include requiring bank workers and driver licensing authorities to check applicants against immigration databases.

4) Increasing regulation over the immigration advice sector and enforcing payment of unpaid civil penalties.

A number of political factors and myths have led up to this bill being passed. As part of the general attack on the welfare state by the coalition, there has also been a policy of using immigration as the ‘sharp end of the wedge’. Nowhere more clearly has this been demonstrated than the increasing attacks on so-called ‘welfare tourism‘, in particular health tourism. The bill also plays into general public fears about abuse of human rights legislation to overstay in the UK, hence the attacks on Section 8 and other rights designed to protect family life. But far and away the bill is aimed at, in Theresa May’s own words, ‘creating a hostile environment for illegal immigrants‘, which is just what is aimed at with the removal of access to public services and private rented accommodation.

However, the reality on the ground does not bear out to these concerns. In particular the shocking lack of evidence for the claim that EU migrants are costing the NHS and the welfare state a fortune. After some particularly unpleasant comments by the Coalition aimed at European migrants, the European Commission demanded proof that welfare tourism was costing what Theresa May described as an ‘unacceptable burden’. What emerged from a leaked document was that in fact the UK does not keep figures on EU migrants who access welfare benefits, and so were unable to tell the Commission even how many migrants had rightfully accessed benefits, let alone fraudulently. In an immortal line the document stated ‘we consider that these questions place too much emphasis on quantitative evidence’. In other words, because some voter saw lots of Spanish people in an A+E once it must be the case that there is abuse, don’t let pesky evidence get in the way. In fact, figures for the cost to the NHS from migrants reveal that, at a generous estimate, migrants cost 12 million pounds a year. In perspective, this is 0.06% of the amount the NHS is being required to slash, or 0.011% of the total overall budget. So much for evidence based policy.

The major problem that this bill faces is the totally unethical and unworkable proposal that private landlords should become an arm of the immigration service, on pain of a £3000 fine. There has been an outcry from various organisations ranging from landlord advocacy groups, to homeless charities. If the bill goes through, the future of the rental sector will become thus: when someone applies for accomodation or is requested a property in the private sector through a Local Authority (LA), they will become subject to an immigration control. Every person regardless of skin colour or accent is in theory supposed to be checked. But overwhelmingly the concern is, even from landlords, a default to only accepting a UK passport or worse, a white UK passport. Given that there are in theory over 200 types of European ID documents, it’s not a surprise that landlords aren’t happy. In fact there is an endless list of ways in which this bill could go wrong, including – the changing nature of immigration statuses, surcharge by letting agents for immigration checks, clash between s.193 homelessness duty from an LA and immigration status and people fleeing violence or domestic abuse who may not have access to their documents. Overall this is an ill thought out piece of legislation, but the pilot schemes will be rolled out on the 1st of December in various cities. Despite this attempt to drive out illegal migrants, all this bill will do is make life harder for ordinary people, create discrimination where there was none and force illegals into the hands of criminal landlords. A recipe for housing exploitation and homelessness is to be expected.

To prevent this becoming an excessive length piece, there will be a follow up to cover the responses and opposition to the bill. For further information on the contents of the bill click here. A

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