Summary
France and the UK have an agreement whereby up to 50 migrants a week caught illegally entering from France to the UK can be automatically deported without their claims to asylum being considered, while an equal number of legal migrants from France will be imported to the UK.
In August this year, the UK and France began their trial of a One In, One Out Policy regarding migrants. While the current UK government champions this mandate as a way to tackle illegal immigration and assist more vulnerable populations, currently there is no plan in place to ensure those protections.
In this article, we will be examining the terms of the deal and the implications this has for immigration to the UK, the societal treatment of migrants, and the effect this policy can have on the lives and integration of migrants into the UK.
Policy Overview
The current mandate, in effect as of August this year, deals with illegal immigration from France to the UK. As per this mandate, any immigrants who are caught going from France to the UK will be deported within 14 days of their claim being denied, and the UK will accept the same number of immigrants from France who have applied legally and fulfill other criteria.
Yvette Cooper, in her then position as Home Secretary for the UK, said in a letter that this initiative aims to dismantle smuggling operations. Smugglers can often extort large amounts of money from desperate migrants, and their methods of smuggling can be dangerous, unreliable and even contribute to human trafficking. The policy specifically targets immigration across the English channel, aiming to shut down smuggling via small boats.
A catch of this policy is that the UK considers France a safe third country and can automatically deem asylum claims from migrants from France as inadmissible. With only a 14-day period from asylum claim denial to deportation, and limited access or knowledge of legal resources, this will make it virtually impossible for anyone coming from France to have their claim properly considered.
Human Impact
While the Home Office said this initiative is primarily aimed to increase border security and fight smuggling operations, there is no plan currently in place to protect the most desperate and vulnerable immigrant populations.
Legal difficulties exist not just for the migrants who are deported out via this deal, but also for those who are accepted in. In order for a migrant to be eligible to be accepted to the UK under this policy, they are required to pass background checks that include proof of identification, such as a passport, and submitting a recent photograph. These may be insurmountable obstacles for refugees from war-torn regions or those fleeing the effects of devastating famines or other natural disasters. To hinge someone’s eligibility for asylum on meeting these requirements may violate Article 14 of the UDHR, which grants the right to seek asylum, because it does not consider their actual claims to asylum and immediately dismisses what could be an absolutely critical and legitimate case for entry. What is being presented as a fair and just deal targeting smuggling operations will end up preventing people from accessing refugee status in the UK.
Legal Limbo
This deal is currently only in its trial phase until next year, and under its current limitations the cap is 50 people returned to France each week. At the beginning of August this year, more than 25,000 people had already arrived in the UK by crossing the English Channel in a small boat. As the UK hits its limit of deportees every week, another issue arises: what to do with those who are not returned to France.
For these individuals, their claim to asylum will likely still be denied. However, they will have to wait in detention centers for months while they are being processed. There are not many return agreements with other countries, so the UK has very few options for where to send these immigrants. Slow processes to attempt to return immigrants will result in long wait periods in detention centers, followed by even longer waiting periods in legal limbo if they’re released into communities.
Ultimately, this new mandate will impede people’s freedom of movement, deny what could be strong and legitimate claims for asylum, and create further obstacles for people seeking refuge from war-torn or dangerous regions. It is not a solution to the immigration problem, but it is the introduction of more hurdles that would-be immigrants must overcome as they seek inclusion in society, secure living and cultural acceptance.
