24th April 2025: New legislation is set to make life harder for people on the move, and survivors of modern slavery and human trafficking are no exception writes Dr Jen Nghishitende
About the Bill
The new Border Security, Asylum and Immigration Bill (BSAIB) is rapidly progressing through Parliament. The Bill repeals some provisions of the Illegal Migration Act 2023 (IMA) and the Safety of Rwanda (Asylum and Immigration) Act 2024 entirely, which would have had a devastating impact on survivors of modern slavery. However, many measures previously condemned by the Labour Party are left untouched.
As noted by the Taskforce on Survivors of Trafficking in Immigration Detention, the Bill fails to repeal provisions which violate international law, whilst introducing new challenges for survivors. The failure to repeal provisions known to damage the prospects of recovery and protection for survivors of modern slavery is a worrying direction of travel.
Immigration detention
Immigration detention is the practice of holding people in prison-like settings for immigration control and is highly psychologically damaging, particularly for survivors of modern slavery who have already been deprived of their liberties due to their experiences of exploitation. Yet, the number of survivors detained under immigration powers, both knowingly and due to a lack of sufficient screening for vulnerability, continues to grow. In 2019, 507 potential victims of trafficking were detained, according to data secured by After Exploitation. In four years, the number detained annually has more than quadrupled, with 2,384 modern slavery referrals being issued from detention in 2023.
Under Section 12 of the IMA, which is not set to be repealed by the BSAIB, the government, rather than courts, has the power to determine whether a period of detention is “reasonably necessary” and permits continued detention even when the reason for detention is no longer applicable.
Harmfully, Clause 41 of the BSAIB grants the government the power to detain individuals while considering deportation, not just after a decision has been made, provided written notice is given. These changes apply retrospectively, meaning more people will be affected.
Public Order Disqualification (POD)
Clause 29 of the BSAIB extends the reach of Public Order Disqualifications (PODs) contained in Section 63 of the Nationality and Borders Act 2022 (NABA). This mechanism allows the government to exclude victims of modern slavery from support and protection if they have a criminal conviction of 12 months or longer and face deportation. Disqualification provisions undermine the principle of non-punishment in international law. The non-punishment principle exists in recognition of the fact that people subjected to trafficking may be forced to commit crimes, and thus emphasises that people should be protected from prosecution for such crimes.
Blanket refusals for asylum and impossible thresholds for survivors
Many, but not all, survivors of modern slavery need to apply for asylum either because they were already at risk of persecution due to factors recognised by the Refugee Convention at the time of their exploitation, or because they are at risk of reprisals upon return to their country of origin. Section 59 of IMA renders asylum and human rights claims from nationals of certain countries inadmissible, even when there are well-known risks of trafficking in those countries, such as Albania. This provision removes certain protections, making it easier for the government to reject claims without considering individual circumstances, which raises concerns about fairness and compliance with international human rights standards.
Survivors face greater evidentiary burdens earlier in their recovery journey due to changes introduced via Section 60 of the NABA. In contrast, Section 64 of the same Act only guarantees assistance for survivors where the Secretary of State deems it” necessary”. These measures remain untouched by the BSAIB, despite a documented rise in the number of survivors being turned away due to evidence thresholds.
Worrying direction of travel
The government first announced its New Plan for Immigration in 2021. The policy paper outlined intentions to establish a so-called ‘fair yet firm’ asylum and migration system. Since then, we have seen the extraordinary speed at which laws intended to curb asylum claims in the UK went through parliament. Whilst efforts to introduce support and leave to remain for survivors of modern slavery for a minimum of 12 months remained stuck in the House of Lords without government support since 2019. A flurry of legislative and policy documents has since been passed during this time, resulting in adverse consequences for survivors of modern slavery.
The BSAIB, if enacted, will bring some relief by repealing the entire Safety of Rwanda (Asylum and Immigration) Act 2024. This may signal progress, but as we have demonstrated above, it is far from enough. All harmful provisions of the IMA must be repealed. The BSAIB crystallises the UK government’s direction of travel — away from a rights-based approach and toward an exclusionary immigration system. The slow erosion of safeguards for survivors is neither accidental nor unintended. It is the deliberate and continued outcome of a hostile environment that has long made protection conditional for many. As we reflect on the full implications of the BSAIB, we must recognise it for what it is: not a turning point, but another instrument in the machinery of hostility.
Further reading:
Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings and section 45 of the Modern Slavery Act 2015.
Explanatory notes are provided to help those interested understand it. It currently contains 57 clauses and leaves the Nationality and Borders Act 2022 untouched.
Focus on Labour Exploitation (FLEX). (n.d.). Taskforce on Survivors of Trafficking in Immigration Detention. https://labourexploitation.org/what-we-do/networks-and-coalitions/taskforce-on-victims-of-trafficking-in-immigration-detention/
Helen Bamber Foundation. (2022). The impact of immigration detention on mental health. https://www.helenbamber.org/resources/reportsbriefings/impact-immigration-detention-mental-health-research-summary
After Exploitation 