‘We’ve Been Blocked From Enforcing the Border’

‘We’ve been blocked from enforcing the border’

Tony Smith, former head of the UK Border Force, on why it’s so difficult to deport foreign criminals

SPIKED
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Keir Starmer promised to ‘finally’ get a grip on Britain’s borders earlier this week. In a major speech on immigration, the UK prime minister outlined a series of measures tightening up the rules around visas. The focus was on legal routes and reducing net migration. What Starmer neglected to mention was Britain’s soaring levels of illegal migration, most visible in the small-boats crisis on the southern English coast. Migrants who arrive illegally are very rarely deported. Attempts to remove even criminals are routinely resisted by the courts, often on the most spurious grounds imaginable. How can the UK ever have control over its borders if we can’t even decide who gets to come and stay here?

Tony Smith, the former head of the UK Border Force, sat down with spiked’s Fraser Myers to discuss why Britain can’t stop the boats. What follows is an edited version of their conversation. You can watch the whole thing here:

Fraser Myers: It seems as if every week we read about a new absurdity in the UK’s immigration system, from the Albanian criminal who can’t be deported because his son won’t eat ‘foreign’ chicken nuggets to the Pakistani paedophile whose alcoholism might put him at risk in his home country. How do these things come about?

Tony Smith: In my opinion, it’s largely due to the interpretation of international conventions – specifically the 1951 Refugee Convention and the European Convention on Human Rights (ECHR). These treaties have permeated UK law in one form or another. If someone comes to this country unlawfully, or stays unlawfully, Border Force should be able to initiate removal proceedings and send them back. That can’t happen anymore.

Now, illegal immigrants who face deportation can lodge an application to stay on the grounds of international law, rather than UK domestic law. This involves extensive litigation, and often ends with an immigration judge finding that deportation would breach the UK’s international human-rights obligations. Usually, these decisions are made on the grounds of Article 3 or Article 8 of the ECHR.

Those are the main reasons why it’s very, very hard for Border Force to remove people. Essentially, there is a legal framework that has been built up over the years that disables it from doing so.

Myers: Are these conventions still fit for purpose?

Smith: After the Second World War, the framers of these conventions were very much occupied with the treatment of Jewish people and the millions of European refugees whose countries had been destroyed by war. They wanted international protection to ensure that, if we did see another Hitler, those fleeing would be given sanctuary and support.

More than 70 years later, we’re still relying on these various interpretations of international law to dictate our own border policy. Increasingly, ordinary people are becoming more concerned, because they never voted for these laws. Most pollsters will tell you that the electorate prefers a strong border. The majority of the country doesn’t like the idea of people coming here, particularly without permission, on a small boat, without a passport and being allowed to stay.

It needs a very bold government to stand up and say, actually, this isn’t valid anymore. We’re not going to listen to human-rights claims from people who come illegally. We’re going to send them away. That’s exactly what the public wants.

Myers: How do we strike a balance between protecting people who are genuinely refugees and blocking those who aren’t?

Smith: It was never intended that people could flee their own country, cross multiple borders and eventually settle in a country where they would quite like to stay, such as the UK. The fact is that a great many of the people who are coming here from France have been in Europe for a long time and out of their own country for a long time. They’ve probably even applied to stay in other countries that have refused them.

In the 2000s, we upheld the position that, unless you were immediately fleeing persecution, the Refugee Convention did not apply to you. Unfortunately, that interpretation has been trumped by what we were talking about earlier – namely the endless claims made under the ECHR.

The current government wants to ‘smash the gangs’ behind the boat arrivals. My own personal view is that this won’t work. You need to create a deterrent that will undermine the business model of the smugglers. As long as there is a chance that you can stay in the UK, people will take that chance and pay for it. And every time you arrest one bunch of smugglers, there’s another gang just waiting in the wings to take over because of the amount of money involved.

Fraser Myers was talking to Tony Smith. Watch the whole conversation here:


This article (‘We’ve been blocked from enforcing the border’) was created and published by Spiked and is republished here under “Fair Use” with attribution to the author Spiked Online

See Related Article Below

Light on detail, soft on enforcement and no sign of anything happening soon: the White Paper is a fig leaf…

MIGRATION WATCH UK

The government this week released a White Paper (WP) on the failure of Britain’s immigration policies, and how they intend to fix it. As usual, it began with an attack on the Tories for screwing up on immigration (true). In introducing the WP, the Prime Minister made a lot of exaggerated claims about what the proposals would achieve, which, as ever don’t bear scrutiny, In fact, the whole of the paper is a fuzzy hodgepodge that will achieve very little and certainly nothing like the necessary “significant reductions” the government is trying to con us into believing.

The PM’s trick to hide the inconsequential impact the WP proposals was to come out with something he knew would become the focus and draw attention away from the limp, befuddled White Paper. We’ll come back to this.

Titled “Restoring Control over the Immigration System”, the paper actually does a good job of admitting what we at Migration Watch have been telling them for a long time: that mass immigration is not good for British workers or the British economy and drives irreversible and unwelcome change to our society. What the WP doesn’t do is provide answers and solutions.

Three central principles of the mass immigration orthodoxy – that it improves GDP, does not replace workers or undermine their wages, and that it allows the world’s “best and brightest” to come here – have been blown apart.

Concessions have finally been made that GDP per capita has actually fallen since 2022 and is now lower than pre-Covid; that study visas typically mean students for lower-ranked universities and colleges, who in turn have brought large numbers of dependants with them, with 55% of visas for care workers between 2021-2023 going to dependants; and that “6 out of the 10 sectors seeing this highest change in payrolled employments of non-EU nationals have been correlated with declines in UK employment over the period”. In other words, mass immigration suppresses wages and displaces British workers.

The lack of detail means the government can claim even a modest reduction in figures as a victory. In fact, buried in on page 13 on an annex to the paper, the government’s own statistics concede that “measures in the White Paper could reduce inflows by up to around 100,000 per annum”. Given the record high in June 2023 of 906,000 is just over 10% an acceptable reduction? No, not even slightly.

Our President, Lord Green, made exactly this point in a debate in the Lords around this paper:

I make just one point to the Minister, which is that he is going to need a target. I understand very much the breadth of what he has covered and his reluctance to set a target, because it makes life very difficult in future years, but if he wants to persuade the public that he is serious about this, he had better have a target and get very close to it.

Then there was the PM’s apparent damascene conversion – as transparent as the paper itself – when he said,”we risk becoming an island of strangers”. Already nicknamed the “Island of Strangers Speech” for pointing out that integration has not only failed but also implying that the scale and pace of immigration has been too high and change too rapid.

Well yes, Sir Keir, but if you really believe this, you must know that the paper you launched on Monday contained little that would stop it happening. You also know that it is not what the British people want.

Remember, if net migration were to fall to, say, an annual 600,000 from 2028 that year, we would still be looking at a population increase of some 20 million people within the next 25 years. As a result, the ethnic minority proportion of the population would hover at around the 50% mark. Where will that leave integration? What will new arrivals be integrating with?

The PM went on to resurrect the phrase “take back control” in an attempt to make us believe that he has seen the light and will fix what the Tories (and Labour under Sir Tony Blair before them) broke. He continued:

“And let me tell you why. Because I know, on a day like today, people who like politics will try to make this all about politics, about this or that strategy, targeting these voters, responding to that party. No. I am doing this because it is right, because it is fair, and because it is what I believe in.”

So it’s not because Reform gave both Labour and the Tories a bloody nose at the local elections? Or the fact that immigration is now the most important issue for voters, according to YouGov?

Pull the other one, Sir Keir – this goes nowhere near far enough.

Illegal migration

Channel crossings (do take a look at our updated Channel Tracker – it’s the best – and the first) for 2025 are so far at 12,699 with over 1,600 in 30 small boats in May alone – and we’re only halfway through the month.

To make matters worse, just as the hot weather arrives and brings with it more Channel crossings, Border Force staff are going on strike.

X Posts (formerly “Tweets”) of the week

The ever-excellent Karl Williams broke down the government’s new White Paper, section-by-section. He caps off the thread very well:

“In summary, as with Starmer’s speech, the need to reduce immigration conceded both on specifics like economic growth and housing, and on general principle. BUT the policies do not match the rhetoric. We’ve had 30 years of broken promises on immigration; no sign of change here.”

Patrick Christys spent 24 hours in Calais to speak to illegal migrants planning to cross the Channel. Watch a clip from his show where he tours the jungle.

From the horse’s mouth: “Jamie”, a Zimbabwean national, calls LBC to tell them he came to the UK on a visa organised by a fake company owned by his cousin, before finding better paid work in a bank three months later.

Chris Philp put out a short thread showing the government isn’t serious about enforcing immigration laws, voting down efforts to toughen them up.

And if you do nothing else, please watch this short video from Peter Whittle, head of the New Culture Forum. He draws attention to the  narrative put in place by the PM and Yvette Cooper following the Southport riots.

MWUK in the media

Alp spoke to Talk’s Mike Graham about the new White Paper, and its deficiencies. The most obvious being the lack of a cap on visas, which the paper refuses to impose; Boris Johnson conned us in 2019, and Keir Starmer is clearly trying the same trick again; we won’t fall for it a second time.

Our President, Lord Andrew Green made a powerful point in the House of Lords that without a cap, immigration will continue to spiral out of control. Watch the full intervention below.

Our articles of the week

The Telegraph has an editorial on the new White Paper measures, rightly calling them “thin gruel” and criticising Starmer’s lack of courage in confronting the real, social costs of immigration:

“If he wishes to persuade voters of his sincerity, he should set out precisely what he meant. The debate over migration has generally been couched in the relative safety of economics; arguments over the precise magnitude of different numbers, and the accuracy of estimates. To discuss the cultural element has frequently been ruled beyond the pale.”

A new poll for The Telegraph, conducted by Merlin Strategy, shows only 5% of Brits want the current level of immigration. It’s surprising it needed saying, but what’s encouraging is as many as 63% want net migration below 10,000. As Jake Scott points out, this is significantly less than the only figure any party – the Conservative Party – committed to, at 100,000. That would be welcome.

And with open borders comes security threats, as we have warned. David Rose writes for UnHerd this week a rather long study of how Islamists infiltrated Downing Street; it’s behind a paywall, but it’s worth it.

What can you do?

You could take a look at our website, now in the process of being updated. We have started with the Channel tracker – the first, that we are reliably informed ministers would go to for an update on numbers crossing rather than asking officials.

We appreciate that there is still work to be done on the website, and we are doing it.

TAKE ACTION NOW

☑️ Write to your MP NOW

☑️ Forward this newsletter to a friend

☑️ Make a donation NOW

SOURCE: Migration Watch UK newsletter

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