On 30th January 2025, the Government published the Border Security, Asylum and Immigration Bill, with a focus on dismantling smuggling gangs and increasing the powers of immigration officials in order to address the small boat crossings and prevent the facilitation of ‘unauthorised immigration’.
As Catholics, the dignity of the human person is at the root of our response to migrants and refugees, and whilst we recognise the right of a state to control its borders, there is also a responsibility to promote the common good. Previous legislation, including the Illegal Migration Act 2023 and the Safety of Rwanda Act 2024, failed to promote the common good and whilst we are pleased to see that the new Bill repeals the Safety of Rwanda Act and portions of the Illegal Migration Act, we are concerned that it fails to uphold human dignity, seeking only to further criminalise people seeking asylum by adopting a counter-terror approach to migration.
We have highlighted a few of our concerns with the Bill, which include the lack of safe routes, new immigration offences, and the missed opportunity to repeal previous legislation relating to human trafficking and modern slavery, and expanded detention powers. We have also noted our concerns regarding the ongoing hostile environment, denial of citizenship and the impact of legal aid cuts, whilst emphasising the need to uphold the fundamental rights of people seeking sanctuary.
Safe Routes
CSAN has previously advocated for and emphasised the importance of safe routes to save lives and dismantle smuggling gangs. The Bill fails to address the lack of safe and legal routes, instead focusing on punishing refugees for attempting to seek safety in the only way that is possible for them to reach the UK. It is not possible to apply for asylum in the UK from outside of the country, thus requiring travel to the UK by irregular means to do so, a fact the Government continuously fails to recognise.
The lack of safe and legal routes for refugees to seek sanctuary in the UK leads to an increase in irregular migration, such as channel crossings. The increased securitisation of the border without the creation of safe routes pushes individuals seeking refuge to take increasingly dangerous journeys, a situation which smugglers take advantage of, and which has led to an increasing loss of life in the Channel.
The creation of safe routes and the removal of the restrictive cap on arriving via safe routes is essential if we wish to dismantle smuggling gangs and save lives. We reiterate the call of Bishop Paul McAleenan, the Catholic Bishops’ Conference Lead Bishop on Migrants and Refugees, that the Government should reconsider its approach and focus on ‘addressing the real drivers of forced migration, ensuring access to safe routes and upholding the fundamental principles of compassion’[1].
New Immigration Offences
The Bill has a strong focus on law enforcement, creating a new border security command with counter-terrorism powers, but does nothing to deter smugglers. We are concerned by the range of new criminal offences introduced in the Bill, which make it illegal to:
- supply, offer to supply and handle articles for use in immigration crime,
- collect information for use in immigration crime,
- to endanger another during a sea crossing.
These offences, though meant to target smugglers, will impact refugees who are unaware of border policies and simply seeking safety in the UK, including children. We have seen a number of refugees prosecuted for steering dinghies and for the deaths of those who drowned making the journey. In February this year, Ibrahima Bah, a young Senegalese man was sentenced to 9.5 years imprisonment, regardless of the fact that he had no part in organising the trip or coercing other passengers and was himself threatened and assaulted by the smugglers to forcibly steer the dinghy[2].
As previous legislation has shown, harsher border policies do not deter people from coming to the UK, they only encourage smugglers and make the journey more dangerous, leading to an increase in fatalities. As noted by Bishop Paul McAleenan, the Government’s approach ‘seems to favour criminalisation over compassion and protection’[3]. We urge this Government to commit themselves to a politics of compassion.
Detention
Immigration detention violates human dignity and can cause irreparable harm to individuals’ wellbeing and mental health. The Bill fails to repeal the expanded detention powers included in the Illegal Migration Act, which allow the Home Secretary to decide how long it is reasonable to detain someone, without judicial oversight.
Jesuit Refugee Service UK (JRS UK) has done extensive work in detention centres, recording the shocking conditions and impact on individuals held there – individuals who are already vulnerable having fled persecution and who may often be retraumatised by detention. We call upon the Government to avoid the use of immigration detention and practices which violate human dignity[4].
Human Trafficking & Modern Slavery (HTMS)
HTMS is a crime that violates the dignity of every individual it impacts, and it is a growing crime that can impact anyone, but migrant’s and refugees are at heightened risk due to situational vulnerability. Previous legislation removed protections for victims of HTMS who arrived in the country without a valid visa, failing to appreciate the complexities of trafficking networks. We welcome the repeal of these sections and call upon the Government to do more to tackle human trafficking and modern slavery at its roots.
There are many Catholic organisations working on the frontlines supporting survivors and helping them to rebuild their lives. As noted in Love the Stranger: A Catholic Response to Migrants and Refugees, ‘we recognise that trafficking and slavery are exacerbated by a lack of accessible alternatives for migration or seeking sanctuary’[5], and thus need to look beyond law enforcement in order to tackle the crime. Medaille Trust has expressed concern at the disqualification of victims who have served a prison sentence from modern slavery support, which exposes them to an increased risk of re-exploitation. Exploitation takes many forms and victims are often criminalised for actions they were forced to take whilst being exploited and subsequently denied the necessary support and protections. We reiterate Medaille’s call for the Government to reconsider their decision not to repeal this section of the legislation[6], and call for better protections for survivors, ensuring to uphold their human dignity and fundamental rights.
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Human dignity is the cornerstone of Catholic social teaching, and we are concerned at the lack of compassion displayed in the proposed Bill for vulnerable refugees fleeing persecution and forced into dangerous journeys. As noted by JRS UK, the Bill ‘misses a vital opportunity to create a fair and humane asylum system’[7].
As we have seen over the years, stricter border enforcement leads only to increased deaths. Without addressing the root causes of forced migration, and focusing only on border policies and law enforcement, we fail to uphold our international obligations and responsibility to the common good, further traumatising and endangering already vulnerable individuals fleeing persecution and ensnared by smugglers and traffickers.
CSAN has expressed concern about previous legislation, including the Nationality and Borders Act 2022 and the Illegal Immigration Act 2023, which denied people fleeing war and persecution their right to seek safety in the UK and apply for asylum, essentially creating a two-tier system and placing the UK in breach of its international obligations, amongst other inhumane policies[8]. We believe the Government has missed an opportunity to repeal many of these harmful policies in the new Bill and encourage MPs to foster a more compassionate response.
Other issues of concern
As Catholics, our response to migrants and refugees, is rooted in the dignity of the human person, as outlined in Love The Stranger[9]. In line with the principles outlined in this document, we call for an effective asylum system which is just and compassionate and gives people a fair hearing and supports them to rebuild their lives in the UK.
However, the continued hostile environment makes it difficult for migrants and refugees to settle in the UK. A recent example of this is the policy change introduced to the Good Character Guidance[10] which seeks only to further disadvantage individuals who have sought refuge in the UK, by making them ineligible for citizenship. Charities and faith leaders have united to advise the Government against creating such divisive policies that would seek to enhance the already hostile environment, whilst failing to recognise the importance of citizenship which is ’a tangible fulfilment of the promise of safety, dignity, and opportunity’[11].
Additionally, the legal aid cuts have prevented many individuals from accessing vital legal advice and denied them access to justice, with certain parts of the UK described as ‘legal aid deserts’ due to the lack of available providers. The ongoing hostile environment and criminalisation of asylum has ‘left people stuck in limbo for long periods of time, at risk of removal and denied the possibility of settling into safe, dignified and independent lives’[12]. Recent figures show that at the end of 2024 there were 41,987 asylum appeals in the court’s backlog, which the refugee Council notes is due to legislation introduced by the previous Government[13]. These numbers demonstrate the need for legal advice and representation. We urge the Government to invest in the legal aid system and ensure that all in need are able to access it.
In this Jubilee year of hope, we reflect on Pope Francis’ four verbs calling on us ‘to welcome, to protect, to promote and to integrate’, and call upon MPs to use this opportunity to
- end the hostile environment,
- create a fair and more humane asylum system,
- end the use of harmful rhetoric and the criminalisation of people seeking asylum,
- open safe routes to save lives and effectively dismantle smuggling gangs, without penalising those seeking sanctuary.
We encourage the Catholic community to reflect on Love The Stranger and how we may fulfil our obligation in the way that God intends, whilst calling upon our political leaders to do the same: https://www.csan.org.uk/love-the-stranger-call-to-action/
CSAN members are active in their support of refugees and provide a number of outreach services within communities across England and Wales. We encourage parishes to engage with their local Caritas agency to learn more, and to engage with our members active in this field: https://www.csan.org.uk/map-of-members/
[1] https://www.cbcew.org.uk/address-root-causes-of-forced-migration-says-bishop-mcaleenan-about-proposed-legislation/
[2] https://irr.org.uk/article/border-deaths-the-criminalisation-of-people-arriving-on-small-boats-and-the-unjust-imprisonment-of-ibrahima-bah/
[3] https://www.cbcew.org.uk/address-root-causes-of-forced-migration-says-bishop-mcaleenan-about-proposed-legislation/
[4] Principle 14, Love The Stranger, published by the Department for International Affairs of the Catholic Bishops’ Conference of England and Wales in 2023, https://www.cbcew.org.uk/love-the-stranger/
[5] Principle 18, Love The Stranger, https://www.cbcew.org.uk/love-the-stranger/
[6] Medaille Trust’s statement on the Border Security, Asylum and Immigration Bill
[7] Second Reading of the Border Security, Asylum and Immigration Bill | JRS UK
[8] https://www.csan.org.uk/news/csan-statement-on-the-illegal-migration-bill/, https://www.csan.org.uk/policy/borders-bill-2021/
[9] Document published by the Department for International Affairs of the Catholic Bishops’ Conference of England and Wales in 2023, https://www.cbcew.org.uk/love-the-stranger/
[10]https://www.theguardian.com/uk-news/2025/feb/19/british-citizenship-rule-change-refugees-legal-challenge
[11] https://www.refugeecouncil.org.uk/latest/news/over-100-charities-and-faith-leaders-unite-against-refugee-citizenship-ban/
[12] https://www.migrantsorganise.org/joint-briefing-securing-access-to-justice-the-need-for-legal-aid-in-immigration/
