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Amnesty for Undocumented Migrants — [Stewart Hosie in the Chair]
19 July 2021
Lead MP
Tom Hunt
Responding Minister
Kevin Foster
Tags
ImmigrationAsylum & RefugeesMigrants & BordersTaxationForeign Affairs
Word Count: 13430
Other Contributors: 11
At a Glance
Tom Hunt raised concerns about amnesty for undocumented migrants — [stewart hosie in the chair] in Westminster Hall. A government minister responded.
Key Requests to Government:
The petition lacks clarity regarding the specifics of an amnesty, including frequency and criteria for eligibility. The speaker does not support a blanket amnesty due to concerns about open borders, illegal immigration, and fairness towards those who follow legal processes.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
The petition calls for a blanket amnesty for undocumented migrants in the UK, excluding those with criminal records. It has attracted 103,440 signatures and gained traction due to concerns over vaccine access during the pandemic. The debate acknowledges that regularising migrant status can lead to increased tax contributions but highlights challenges such as distinguishing between long-term residents and recent arrivals, potential social integration issues, and the impact on public services.
Adam Holloway
Con
Gravesham
While sympathetic towards undocumented migrants, a blanket amnesty is not advisable as it could lead to increased illegal immigration and weaken the rules-based system. It might act as an additional pull factor for those wanting to enter the UK illegally.
Anne McLaughlin
SNP
Dumfries and Galloway
Asked if the hon. Member was aware that many undocumented migrants have come here legally and are not undocumented through their own fault, and whether he would be surprised to hear his Prime Minister had toyed with the idea of granting amnesty. Ms McLaughlin criticised the Nationality and Borders Bill, arguing it discriminates against migrants entering the UK legally but by boat. She highlighted cases of individuals being stuck in legal limbo due to high application fees or minor mistakes. One constituent, Paul, faced eviction after his leave to remain expired due to inability to pay £2,000 for renewal. Another case involved a constituent who was charged twice for a spousal visa and is still waiting for a refund despite being told it would be processed within six weeks. Will the Minister give way? So far.
Southgate and Wood Green
The current immigration system, including its costs, makes it difficult for people to regularise their status. Undocumented migrants are denied access to work, accommodation, and health services, making them vulnerable to exploitation. The Home Office does not accurately know the number of undocumented migrants in the UK, with an estimated 430,000 individuals being undocumented. Migrants often fall out of legal status due to complex application processes and high fees.
Claudia Webbe
Lab
Leicester East
Claudia Webbe supported the petition's call for regularisation of undocumented migrants but disagreed with the use of the term 'amnesty'. She highlighted the moral and practical issues caused by excluding undocumented migrants from healthcare, food, housing, and vaccination programmes. Webbe noted that many undocumented workers are destitute due to hostile environment policies and lack access to essential services and protection against abuse. She called for immediate action to grant leave to remain to all in the UK irrespective of their immigration status.
Hayes and Harlington
Mr McDonnell expressed deep concern over the death of a Sudanese asylum seeker in his constituency, highlighting the harsh reality faced by undocumented migrants. He criticised the current asylum system for being complex, slow, inefficient, brutal, and inhumane, stressing its impact on mental health and exploitation. Mr McDonnell also mentioned that many people drop out due to poor legal advice or mental health issues, leading them into illegal work where they are often exploited and not paid.
Rushanara Ali
Lab
Bethnal Green and Stepney
Called for a sensitive debate on the issue of undocumented migrants, noting hundreds of thousands facing severe exploitation. Raised concerns about vulnerable individuals who arrived through legitimate means but became irregularised due to systemic issues like domestic abuse proving difficult in immigration processes.
Ruth Cadbury
Lab
Brentford and Isleworth
The e-petition on undocumented migrants has been signed by over 900 of her constituents, highlighting the hardships faced by those without legal status in the UK. She cited high immigration fees, long delays, inconsistent decisions from the Home Office, and inadequate legal support as contributing factors to their struggles. Cadbury also noted that many undocumented individuals were victims of modern slavery or arrived through legal routes but fell into an uncertain situation due to financial constraints.
Sarah Owen
Lab
Luton North
Human beings are not illegal, and the current immigration system is difficult for those seeking legal residence. Over 400 people from her constituency have signed a petition online supporting this debate. She highlighted that undocumented individuals face numerous challenges such as reapplying every two and a half years at significant cost (£12,937 over ten years) and often due to circumstances beyond their control including relationship breakdowns or mental health crises. During the pandemic, access to healthcare for these groups remains crucial but challenging, especially with fears of leaving paper trails. Will the Minister give way?
Seema Malhotra
Lab Co-op
Feltham and Heston
Announced that her constituency had the fourth highest number of signatories for an e-petition regarding amnesty for undocumented migrants, though the exact details were inaudible. She highlighted the humanitarian aspect of supporting undocumented migrants in Feltham and Heston, emphasising their contributions to the local community. She cited a survey showing that 82% of respondents entered the UK legally but later fell out of status due to various factors such as relationship breakdowns or financial constraints. Malhotra also pointed out the economic benefits of regularising undocumented migrants' status, referencing studies suggesting GDP could rise up to $1.5 trillion over 10 years if citizenship was granted to the estimated 11 million undocumented immigrants in America.
Tan Dhesi
Lab
Slough
Tan Dhesi highlighted that over 100,000 people have signed a petition to secure the debate. He mentioned that the UK's asylum and immigration system is in crisis and cited a report called 'We Are Here' by the Joint Committee for the Welfare of Immigrants, which details how small errors or mental health issues can lead individuals into an undocumented status and face significant hardships including social exclusion, exploitation, and denial of basic healthcare. He argued that this undermines public health and suggested policies such as simplified routes to status based on five years' residence, automatic visa renewals, and abolishing the illegal working offence.
Virendra Sharma
Lab
Ealing Southall
Undocumented migrants are not a threat to the UK and should be given legal rights to work and live. They contribute significantly despite being in exploitative conditions due to complex immigration rules. A survey estimates that 82% entered legally but fell out of status, paying £13,000 for applications by the time they secure indefinite leave to remain.
Government Response
Kevin Foster
Government Response
The Government is committed to an immigration policy that welcomes those who are here legally while deterring illegal immigration. The minister noted the complexities and ambiguities of defining undocumented migrants, including illegal entrants, overstayers, failed asylum seekers, and others not adhering to their stay conditions. He mentioned that there is no current reliable estimate of the number of undocumented migrants in the UK, with the last official Government estimate being around 430,000 in the mid-2000s, while a London School of Economics report estimated it at around 618,000 in 2009. The petition proposes an immediate amnesty for all those groups provided they do not have a criminal record. The minister emphasized that rewarding those who exploit the system and break rules undermines the integrity of the UK immigration system and may discourage lawful migration. He highlighted various schemes such as resettlement for genuine refugees, family reunion programs, and pathways to citizenship for British national overseas status holders facing restrictive laws in Hong Kong. The Government believes a fair system supports those in need while ensuring consequences for breaking rules. Regarding the petition's proposal for amnesty, the minister argued it undermines the immigration system's integrity, could be divisive among lawful migrants who have complied with policies, and might not build public confidence. He noted that undocumented migrants already have some avenues to regularize their status under current laws, including asylum claims, family rules, and private life rules. The minister concluded by stating that granting an amnesty as proposed would undermine the rules and make the creation of rules pointless if people could ignore them and still gain legal status.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.