Features

Legal: Illegal Migration Act – an update

Stewart MacLachlan, legal and policy manager at Coram Children's Legal Centre, assesses the final version of the controversial legislation and its potential impact on children and agencies.
The act poses a threat to child protection in the UK. Picture: DimaBerlin/Adobe Stock
The act poses a threat to child protection in the UK. Picture: DimaBerlin/Adobe Stock

The Illegal Migration Act 2023 is now law and poses a serious threat to children's rights, the child protection framework in the UK and to local authorities whose duties will inevitably clash with the new provisions once they are brought into force.

The act contains a series of broad measures across the immigration system, including asylum, immigration, nationality, trafficking/modern slavery, detention, and care/accommodation. There are some specific clauses on claims and the care of unaccompanied asylum-seeking children.

The act contains the following:

A new duty to remove newly arrived unaccompanied children from the UK once they turn 18

The power to remove newly arrived unaccompanied children before their 18th birthday in certain circumstances

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