1. What are we doing?

The Border Security, Asylum and Immigration Bill will strengthen the UK’s response to border security threats.

It will set out the framework within which the Border Security Command will work, acting as a system leader for border security.

The bill will create new powers to strengthen law enforcement’s ability to identify, disrupt and prevent serious and organised crime, including organised immigration crime, through new criminal offences and expanded data-sharing capabilities. These measures are inspired by the approach taken to counter terrorism, enabling earlier intervention against those individuals facilitating organised crime.

The bill will support and strengthen the immigration and asylum system, including by repealing provisions in the Illegal Migration Act 2023 and repealing the Safety of Rwanda (Asylum and Immigration) Act 2024.

2. Why are we legislating?

Border security is fundamental to the UK’s national and economic security. Threats to the UK from serious and organised crime, including organised immigration crime, terrorism and hostile state actors, are rapidly evolving. The first duty of the government is to protect its citizens and this bill is part of the response to ensure that the UK stays ahead of these threats.

Small boat crossings have been the predominant method of entry for irregular arrivals into the UK since 2020. These crossings are becoming increasingly dangerous and, sadly, last year saw a record number of fatalities.

The Border Security Command, which is part of the Home Office, was established on 5 July 2024 and is led by Martin Hewitt CBE QPM. For the first time there is a clear and long-term vision for border security, bringing together all parts of the system that work to maintain the integrity of the border and immigration system. Legislation is needed to build on that progress, to provide the tools to enable faster, stronger intervention in response to border security threats, including organised immigration crime, and to strengthen the immigration and asylum system.

3. How will the bill achieve this?

The bill will:

• set out the role and responsibilities of the Border Security Commander in law, to provide system leadership for border security
• create new offences, criminalising the supply or handling of items suspected for use in organised immigration crime; and taking specified action (collecting, possessing, viewing or accessing information) where law enforcement has reasonable suspicion that it is for the purpose of organised immigration crime
• enhance the powers available to law enforcement related to the search and seizure of electronic devices from irregular entrants to the UK, to gather intelligence on organised immigration crime
• create a new aggravated offence where someone enters the UK without permission and, during their journey, they act in a way that poses risk or serious injury or death to others
• repeal the Safety of Rwanda (Asylum and Immigration) Act 2024 and amend the Illegal Migration Act 2023
• enable better data sharing, using His Majesty’s Revenue and Customs data and Driver and Vehicle Licensing Agency trailer registration data to improve the intelligence picture
• make changes to make the collection of biometric information more consistent and streamlined, including to facilitate an evacuation
• strengthen existing Serious Crime Prevention Orders, to disrupt and manage offenders, including introducing new interim orders to allow earlier intervention
• create new offences criminalising the making, adapting, importing, supplying, offering to supply or possessing specified articles for use in serious crime
• clarify the ability to detain someone at any stage of the deportation process
• provide validation for fees charged for services in relation to qualifications

4. Key statistics

Small boats have been the predominant recorded method of entry for irregular arrivals since 2020. In the year ending September 2024, there were 36,949 detected irregular arrivals, of which, 81 per cent of these arrived by small boat^{[footnote 1]}.

In 2024, 36,816 migrants arrived to the UK on 695 small boats. This is an increase from 29,437 migrants on 602 in 2023^{[footnote 2]}.

The average number of people per boat has also increased, to 53 people per boat in 2024 compared with an average of 41 people per boat in 2022^{[footnote 3]}). The high number of people per boat only serves to increase the danger of these crossings.

The International Organisation for Migration (IOM), a UN agency, that tracks the number of people who die crossing the Channel, estimated that at least 78 migrants died whilst attempting to cross the Channel in 2024.^{[footnote 4]},^{[footnote 5]}

5. Frequently asked questions

How is this new?

The bill creates the framework which will deliver the required step change in the UK’s approach to strengthening border security.

It establishes the structures by which a clear and long-term vision for border security will be set out, bringing together and providing leadership to all parts of the system that work to maintain the integrity of the border and immigration systems, domestically and internationally.

The bill introduces a package of new offences, powers and tools for law enforcement to enable a stronger, faster intervention against serious crime, taking action earlier and against those who keep just enough distance to evade justice.

Will the measures apply across the United Kingdom?

Most of the measures in the bill will apply to the whole of the UK, on the basis that they relate to immigration and asylum, which is a reserved matter in Wales and Scotland, and excepted matter in Northern Ireland.

Some measures relate to devolved matters in the devolved governments, and consent will be requested by the UK government where appropriate, in line with the usual procedure for legislation.

The Home Office and officials in the Welsh Government, Scottish Government, and Northern Ireland Executive, continue to work together to ensure the approach to the extent of the measures (i.e. where the measures apply) is appropriate.