Impact of the Illegal Migration Act 2023

Impact of the Illegal Migration Act 2023

Through our training events and discussions with professionals, we are aware that many Local Authorities are not yet aware of the significant impact the Illegal Migration Act 2023 (IMA23) is going to have on both their Looked After and Care Leaver separated migrant young people population.

Under the Illegal Migration Act 2023 there is a DUTY on the Home Office to remove anyone who they deem “inadmissible” using the following 4 criteria:

1. They entered the UK through irregular routes
2. They arrived after 20th July 2023
3. They did not arrive directly from a country where their life was threatened
4. They require leave to enter but do not have this

Although there has yet to be any statistical analysis, experience tells us that nearly 100% of our separated migrant population will be deemed “inadmissible”.

It is important to note that this duty does not apply to unaccompanied minors, and it is likely that young people who meet these criteria will be granted a temporary leave to remain in the UK until they are 18, at which point the duty kicks in again. This means that all of our young people who arrived into the UK after 20th July 2023 will have no right to remain once they turn 18.

It doesn’t matter which country the young person is from, how strong their claim for asylum is, what matters is the date they arrived. If young people have arrived since the 20th July 2023, they will not ever be granted leave to remain in the UK.

The governments intention is that all adults who hit the criteria will be detained and removed back to their country of origin OR removed to a “safe third” country such as Rwanda, to have their claims processed there. However the reality is that the “Rwanda plan” is going to be tied up in legal knots for a considerable amount of time and in addition to this, there are also few agreements to return people back to their country of origin.

Whilst the government’s intention is one thing, the reality for our care leavers is going to be very different.

• There aren’t enough detention centres so it’s unclear where these young people are supposed to go once they turn 18
• We know 75% of people crossing the channel would meet the hreshold for refugee status so can’t be removed back to their country of origin
• There is currently no “safe third” country option so the reality is they become at risk of destitution

Things Local Authorities need to start doing now:

• Plot your population to understand who is going to be impacted
• Recognise that young people will have their own plans of remaining in the UK and this may be through illegal routes that leave them vulnerable to exploitation and abuse. We need to plan for this.
• Develop a clear policy in how you are going to manage young people’s cases as they turn 18
• Ensure that young people have access to good legal advice
• Ask Local Authority legal teams to get up to speed with the IMA23 and provide briefings as to how this will be enacted
• Educate young people on exploitative relationships if you are not already doing this. What types are they, what do they look like, how can they spot the signs etc
• Set up a specialist UASC multi-agency forum if you haven’t already. It is highly likely that the NGO and charity sector will have to step in when the LA has to step back. By working in partnership all agencies will understand the demand and need for services and can plan rather than react.
• Young people are highly likely to be aware that this is coming their way and may be experiencing low mood or difficulties in their emotional wellbeing. Keeping them busy and engaged in activities will help to alleviate some of this.
• Your social workers, independent reviewing officers and personal advisors MUST start triple planning as soon as possible. Working with young people to develop a “back up plan” should not get status, is important. In doing so, young people can make informed decisions and work can be undertaken in advance to reduce risk as much as possible.

If you need help with triple planning or writing your policy on this, we can help. Get in touch here for more information.

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