Major new act to disrupt smuggling gangs

Powerful new laws will bolster Immigration Enforcement, police and National Crime Agency operations to catch and arrest criminal smuggling gangs abusing Britain's borders by fuelling illegal migration.

The new legislation, which received Royal Assent today, includes a raft of measures which take inspiration from counter-terror laws to allow law enforcement to intercept smuggling gangs' criminal activity earlier on in the investigations processes – for example downloading a route map to use for a small boat crossing – enabling them to act before migrants are brought illegally to this country.

The National Crime Agency assess that the new powers could help speed up investigations in cases where it might previously have taken months or even years to prove offences.

Easier and faster access to illegal migrants' phone data could also help law enforcement gather evidence to prosecute people smugglers and gain useful intelligence to disrupt their activities.

Home Secretary Shabana Mahmood said:

This new act gives law enforcement stronger powers than ever the powers they need to intercept, detain and arrest people smugglers who bring illegal migrants to our shores.

I will not stop until we've restored order and control at the border.

The National Crime Agency Director General of Operations Rob Jones said:

Tackling organised immigration crime remains a priority for the National Crime Agency, and we currently have around 100 investigations into the gangs or individuals involved.

We will look for opportunities to use these new powers to intervene and disrupt that criminal activity at an earlier stage.

The Border Security, Asylum and Immigration Act bring forward a raft of new powers, with key measures including:

• powers for Immigration Enforcement, the National Crime Agency and police to gather intelligence from illegal migrants' mobile phones to track down and arrest people smugglers – as well as on arrival at the border, phones can be seized during property, vehicle or premises searches during enforcement raids, officers will no longer need to arrest someone

• making it a criminal offence to supply, offer to supply or handle articles such as small boat parts, for example engines, air valves, and inflation pumps – offenders risk up to 14 years in prison

• making it a criminal offence to download, research or make a record of information linked to people smuggling, such as departure dates, timings and locations of small boats crossings, research on how to make a small boat or gathering intel on where French police might be stationed at the border – offenders could receive up to 5 years in prison

• making it a criminal offence to import, manufacture or supply compartments that modify a vehicle, like fake floors for a van or a lorry to hide migrants underneath – offenders could receive up to 5 years in prison

• making it a criminal offence to put lives in danger during a small boat crossing through physical aggression or refusing to be rescue attempts – offenders could face up to 6 years in prison

• excluding foreign sex offenders from protections under the Refugee Convention, meaning any conviction of a crime that qualifies a foreign national for the sex offenders register will lead to them being denied refugee status

• making it a criminal offence to create or post material online which promotes small boats crossings or services to facilitate illegal migration

The measures also place the UK's Border Security Command on statutory footing, meaning its lead, Border Security Border Security Commander Martin Hewitt, can convene partners across law enforcement, including the National Crime Agency, to set strategic priorities for securing Britain's borders.

The act also sets out that bespoke working arrangements will be formally agreed between the Command and the country's world-class intelligence officers in the UK Intelligence Community (UKIC), to better identify and disrupt the shadowy criminal networks behind people smuggling.

The move ensures that the full range of capabilities are maximised to bear down on those exploiting the UK border.

Martin Hewitt CBE QPM, Border Security Commander said:

The Border Security Act lets us go further and faster to target, disrupt and intercept criminal networks.

It will build on our work to surge people smuggler arrests, convictions and seizures of criminal assets by 33%.

But there is more to do, and we remain unwavering in our commitment to disrupt organised criminal networks fuelling dangerous, inhumane crossings.

And these measures build on the government's ongoing crackdown against organised immigration crime, which is forcing criminals to change their tactics to evade punishment.

New figures released last week revealed the largest crackdown on smuggling gangs on record, with nearly 900 organised immigration crime networks dismantled for good.

In the past year there has been a 33% surge in smuggling arrests, convictions and seizures of criminal cash and assets, and nearly 4,000 organised immigration crime disruptions since the BSC was launched.

This activity is not only putting smugglers behind bars but is reducing their ability to operate by breaking their business model from the ground up.

The measures go alongside the Home Secretary's plans to scale up removals and illegal migrant deportations, as part of the most sweeping reforms to tackle illegal migration in modern times. 

The changes are being introduced under new measures to seize electronic devices within the Border Security, Asylum and Immigration Act, which received Royal Assent and was signed by His Majesty the King today.

The Crown Prosecution Service has welcomed the package of new offences as it equips prosecutors with another tool to fight organised immigration crime, especially those involving dangerous Channel crossings.