The Guardian has published an editorial criticizing the Labour government's latest immigration bill, arguing that it represents a continuation of performative lawmaking that has failed to improve public confidence in border management. Since 2022, an immigration and asylum act has been passed every year, yet this activity has not stemmed the rise of radical rightwing parties nor reassured the public.
Details of the New Bill
The bill, published this week, includes measures such as creating a new body to handle asylum decision appeals outside the existing court system, a means-tested scheme to charge asylum seekers for state-provided support, and narrowing the terms for claims under Article 8 of the European Convention on Human Rights (ECHR), which protects private and family life.
Critique of Performative Legislation
The editorial contends that there is "more performance than remedy" in the package. Setting up a new appeals body could be a costly distraction from improving the existing process. Billing claimants for state support will raise negligible sums, as few have resources to meet the threshold. Narrowing the ECHR purview might affect a handful of cases but will not revoke underlying humanitarian protection, while giving political succor to those who view human rights law as a liberal scam.
Historical Context
The editorial notes that the previous Conservative government tested this method to destruction, culminating in the 2024 Safety of Rwanda Act, which gave ministers power to declare Rwanda safe for deportees regardless of facts. Sir Keir Starmer repealed that act and scrapped the scheme, calling it a "gimmick." Now, Labour is caught in the same trap, hoping another law will prove toughness on immigration control.
Impact on Public Opinion
According to the editorial, each draconian measure reinforces voters' belief that the system is out of control, encouraging support for parties pledging more extreme measures. Public attitudes are more responsive to campaign rhetoric and media coverage than data. Net migration to the UK has been falling since the general election and is now at its lowest level since the 2010s, but this trend only makes headlines when moving upward.
Call for a Different Approach
The right of British politics is in a "vortex of radicalization," with focus shifting from limiting new arrivals to deporting settled people. The editorial argues that Britain needs a period of "quietly effective management" at the Home Office, coupled with a campaign of persuasion to mobilize the majority that rejects paranoid politics. It calls for courageous arguments for a robust but humane system, rather than another law that confirms beliefs that immigration is out of control.
