Showing posts with label IRR. Show all posts
Showing posts with label IRR. Show all posts

Saturday, 6 November 2010

In UK, asylum seekers still being wrongly imprisoned

imprisoned dreamImage by bandini's.on.fire via Flickr  
Sourec: IRR

By Frances Webber
 
A recent case[1] reveals that refugees are still being prosecuted and imprisoned for using false documents in their quest for safety, eleven years after the courts declared the practice unlawful.

An Iranian man goes on a demonstration and is beaten up, detained and tortured for sixteen days. Relatives organise his escape, and he is bundled out of Iran, away from his wife and young son, through Turkey to Syria, and on to the UK, where he proffers the false Bulgarian passport he was given by his smuggler, tells the immigration officer his true name and nationality, and asks for asylum. He is immediately detained, and charged with using a false identity document. On the advice of a duty solicitor, he pleads guilty and is sentenced to 12 months' imprisonment.

This scenario was all too common in the 1990s, before a ground-breaking case in 1999, Adimi,[2] established that the Refugee Convention made it unlawful. According to Article 31 of the Convention, states were not to penalise refugees who entered their territory illegally, provided they came 'directly' from the country of persecution, revealed themselves 'promptly' to the authorities of the country of refuge, and had good reason for their illegal entry. In the Adimi case, the judges were horrified that the provisions of Article 31 were not reflected in English criminal law. The court interpreted liberally the requirements that refugees must come 'directly' from countries of persecution, allowing those coming through transit countries to benefit from the provision, and the court ruled that generally speaking, anyone trying to enter on false documents 'as part of a bona fide quest for asylum' was protected from prosecution. Following that case, parliament amended the law to provide a defence for asylum seekers using false documents, while many wrongly convicted asylum seekers had their convictions quashed and compensation of up to £40,000 was awarded.
But the Iranian torture victim (referred to as MV) was prosecuted and convicted in August 2009. No one considered that he might have a defence - neither the immigration officer who interviewed him, the police who arrested him, the Crown Prosecution Service who decided he should be charged, the duty solicitor who represented him, nor the judge who sentenced him.

Friday, 8 October 2010

The human cost of European slashed refugee budgets and accelerated removals

Still image from the documentary film "Wa...Image via Wikipedia  
Research from the Institute of Race Relations, including a review of 38 asylum and immigration related deaths in Europe over 18 months, shows the human cost of EU moves to slash budgets for refugee integration and accelerate the pace of removals - thereby undermining international conventions.In its report, Accelerated removals: a study of the human cost of EU deportation policies, 2009-2010, the IRR has documented the deaths of 28 men, 8 women and 2 boys, mostly asylum seekers, from January 2009 to 30 June 2010, in ten EU countries, Norway and Switzerland.

The vast majority of the deaths were either suicides linked to fear of deportation, or deaths that could have been avoided if asylum seekers were afforded proper medical care. Cuts to legal aid budgets and reduced access to justice, the targeting of specific nationals for charter-flight removals, overcrowding and appalling conditions in detention centres where hunger strikes are rife, are also placing individuals under abnormal levels of stress that are deleterious to health and undermine the will to live.
Unaccompanied children

Wednesday, 7 July 2010

What really happens when the UK deports failed asylum-seekers

Source: The Independent

By Billy Kenber

Yves Yitgna Njitchoua, the 34-year-old Cameroonian asylum-seeker, complained to the UK government about his treatment when he was sent back to Africa

On a sunny April morning earlier this year, a plane took off from Heathrow's northern runway at a little after 6.30am and turned towards the South coast. Unlike other flights, this one didn't appear on any of the airport's departure boards. Nor were those on board holidaymakers or businessmen.

Instead, this secret flight carried 15 failed asylum-seekers, who were being forcibly removed from the United Kingdom by 45 private security guards. One of those on board was Yves Yitgna Njitchoua, a 34-year-old from Cameroon. "People were screaming and crying because they feared for their lives," he said in an interview with The Independent. Mr Njitchoua says his wrists and legs were handcuffed for the whole flight. He was allowed to go to the toilet only with the door open and four guards standing outside.

Such flights are being used by the UK Border Agency (UKBA) with increasing frequency to return failed asylum-seekers. They are shrouded in secrecy, but an investigation by The Independent has put together details of the process, including the companies and airlines involved, the conditions on board, the techniques permitted, and the contracts of those paid to escort deportees. Though the records of activists, charities, befrienders, and the testimony of deportees themselves, it is possible to build up a picture of chartered and scheduled removal from Britain.

The Independent has found that:
  • British Airways, BMI and other leading airlines are among those paid to transport failed asylum-seekers;
  • A criminal record, even for assault, is not a barrier to someone becoming a private-security escort;
  • Escorts are authorised to use a variety of techniques to restrain deportees including a "Goose Neck" lock and a procedure called "Nose Control";
  • Escorts have a financial incentive to ensure removals are successful because the majority of their income is an hourly wage.

Tuesday, 11 May 2010

Uganda: The silent practice of deportations

Source: Pambazuka News

By Bernadette Iyodu



The act of deportation does not occur in a vacuum but is rather inextricably linked to the wider policies, practices and trends of the asylum process. A thorough understanding of deportation thus encompasses asylum-determination procedures, access to legal representation, the adequacy of detention facilities and the use of detention during appeal, the use of force during deportation, and the security of deportees upon their return and removal. Within these various stages of the process, the potential human rights implications include torture, both physical and psychological, family disruptions, trauma, loss of livelihood and stigma, all of which violate the dignity and rights of the persons concerned.

The recent trend reveals that the number of asylum claims in industrialised countries has steadily decreased while the rate of deportation of failed asylum seekers nevertheless continues to increase.[1] Almost all countries as sovereign entities legally reserve the right to deport illegal immigrants, but international law imposes several restrictions to this general rule, such as the principle of non-refoulement and the restrictions under the Convention against Torture.[2] Amidst a 'global war on terror' and rising xenophobia however, states are increasingly abusing these restrictions in the name of national security.

Deportees to Uganda

Once reaching Uganda, the outlook for deportees is grim at best. The Refugee Law Project has heard first-hand accounts of these experiences from deportees. One woman, having been repeatedly tortured and raped in Uganda, fled to the UK but was subsequently deported back. Upon her return, she was immediately taken to prison where she languished for nine months until a relative was able to bribe a guard. Another Ugandan deported from the UK was immediately detained for two weeks and then brought to the Head of Military Intelligence (CMI) and charged with various sham offences. She was finally acquitted one year later because no evidence was ever produced relating to these purported charges.

Currently, most deportees come from the UK, and the UK considers deportations to Uganda safe and legal due to assurances offered by President Yoweri Museveni.[3] However, the personal accounts relayed to our office match a general pattern documented by experts and journalists:

Friday, 15 January 2010

UK asylum seeker removals causing fear and distress


Source: Institute of Race Relations

By Frances Webber

UK Border Agency (UKBA) proposals to remove more people from the country without giving them a realistic chance to challenge their removal are causing anger and concern.

Being forcibly removed from the country is a distressing and frightening experience. From 11 January 2010, it will be even more distressing and frightening for those people who will no longer have a chance of contacting their lawyer to challenge the removal.

The UKBA has announced that from that date it is to extend the 'exceptional' cases where the minimum 72 hours' notice usually given of a forced removal is reduced or withheld. The current exceptions to the 72-hour notice rule are certain children and certain people who UKBA has been told are at risk of committing suicide. These exceptions have already given rise to serious concern; the Immigration Law Practitioners' Association (ILPA) points out that the fact that someone is a child does not justify disregard of fairness.

ILPA's members have experience of cases where immigration judges found that the Home Office had made no real effort before removing children to ascertain that the country they intended to remove them to was safe. As for those at risk of suicide, common sense would suggest that the risk of suicide would be even greater for someone whose worst nightmare is realised while they can do nothing to stop it.

The current 72-hour notice rule was imposed following strong condemnation by judges of the Home Office resorting to trickery and devious tactics in order to deprive people of the opportunity to challenge their removal - including inviting people to 'interviews' where they are detained, and swooping on homes after working hours to detain families for removal early the following morning. The new categories of people who will not be given notice that they are about to be removed include those deemed to pose a credible risk of harm to other detainees if notified; those who have consented in writing to removal; 'exceptional cases where it is necessary to maintain the order and discipline of the Immigration Removal Centre'; those whose removal has been rescheduled following disruption or logistical difficulties; and those whose cases were stayed to await the result of a test case.

The proposals are likely to mark a return to the 'bad old days' - some of the reasons for giving no notice, particularly those referring to order and discipline, are highly subjective and clearly open to abuse by UKBA and removal centre staff. In addition, the proposal to remove with no notice those whose cases were stayed for the results of test cases is fraught with potential injustice.

Often, individuals waiting for a test case have other reasons for challenging the decision to remove, which are not submitted in advance to save lawyers' time and costs, because if the test case wins, deployment of these other reasons is unnecessary. The proposals will deprive these individuals of the possibility of putting forward these reasons, or force the lawyers to make lengthy and potentially unnecessary submissions on individual circumstances in advance, on a 'just in case' basis. Who will pay for the extra time needed for this?

Once removal has taken place, it is extremely difficult to bring people back, even if, exceptionally, a judge is prepared to order a return to the UK. Some of those who have been returned following unlawful removal, or who have been granted a last-minute reprieve by the High Court, have subsequently been recognised as refugees or as having strong human rights claims to stay in the UK. In such a situation, it is not far-fetched to compare removal to capital punishment. That is why, practitioners urge, UKBA impatience with what it perceives as delaying tactics must be weighed against the irrevocable nature and potentially disastrous consequences of removal.

Friday, 11 September 2009

Subject to British values

A British passport with the name of European U...Image via Wikipedia

Source: The Institute of Race Relations

By Frances Webber

The one thing which can be said for the empire was that anyone who was born anywhere in its far-flung corners was legally British by birth. True, various stratagems were employed to prevent these imperial subjects from settling in the mother country, but at least they were recognised as belonging to the UK, and Commonwealth citizens retained the words 'British subject' in their passports even after they achieved citizenship of newly independent ex-colonies. The inclusive model of British citizenship survived in the ius soli, the entitlement of anyone born in the United Kingdom to its citizenship, until its partial removal in the British Nationality Act 1981.

The model of citizenship set out in the new Borders, Citizenship and Immigration Act is as far from that inclusionary model as it is possible to get. Citizenship under the new law will have to be earned, and 'failure to integrate' ranks with criminal conduct as a reason for withholding the privilege of citizenship.

In fact, of course, those not born on British territory who wanted to naturalise as British citizens have always had to jump through hoops of residence, intentions, character and language proficiency. None of that is new, although according to the ministerial hype accompanying the Act as it went through parliament, citizenship followed five years' residence as night followed day under the old system. And since 2002, candidates for citizenship (and since 2007, all who seek permanent residence) have had to pass 'Life in the UK' tests, and dual nationals can have British citizenship revoked for various forms of undesirable conduct. So the government's new earned citizenship measures are not exactly drawn on a blank canvas.

The legislation

What the provisions of the new Act do is to increase the period of residence required before citizenship can be applied for, from the current five years to eight years (and from three to five if citizenship is sought by someone related to a British citizen), but allow earlier applications - after six and three years respectively - from those participating in some (as yet unspecified) form of voluntary work. Additionally, the 'good character' test in the Act is to be broadened - presumably by ministerial regulations - to include failure to integrate into British society.

The consultation paper

But the Act is only the beginning of a process which will involve selection not just for citizens but for anyone seeking to stay in the country more than temporarily. The consultation paper accompanying the Act makes it clear that anyone who wants to stay in the UK permanently will be expected to take the 'journey to citizenship'. It will no longer be an option to obtain 'indefinite leave to remain' and not seek British citizenship. The would-be resident will have to obtain 'probationary citizenship leave', and the proposal is for a rigorous selection process at that stage. No longer will those who have been in the UK on a work or business permit for five years obtain permanent settlement provided they are still in the same job or business. The proposal is for a points-based 'probationary citizenship leave', so that to obtain permanent settlement, they would have to earn a certain number of points, based on such assets as earning potential; special artistic, scientific or literary merit; qualifications; shortage occupation; English (above existing requirements); and having lived and worked in a part of the UK in need of further immigration, eg Scotland. The paper adds: 'Points might also be deducted for failure to integrate into British life; for criminal or anti-social behaviour, or in circumstances where an active disregard for UK values is demonstrated.' (This 'active disregard for British values' would apparently include participation in lawful demonstrations such as those against the wars in Iraq and Afghanistan, since according to Home Office minister Phil Woolas, in an interview on the Radio 4 Today programme on 3 August, it is reasonable to expect higher standards of 'adherence' from would-be citizens than from citizens.)

The points-based system will give the Home Office a far greater degree of control over the numbers obtaining settlement in the country, enabling officials to lower or raise the number of points needed, making permanent residence easier or more difficult to achieve, according to political or economic expedience. By the same token, it introduces massive uncertainty into the lives of lawful migrants who work in the UK and wish to settle down here. They will be 'on probation' for years - a status which encourages obedience, compliance with unfair or exploitative working practices, political, social and cultural conservatism. In short, what the government seeks to achieve through the Act and the proposals designed to flesh it out is a class of subjects, not citizens.

The Institute of Race Relations is precluded from expressing a corporate view: any opinions expressed are therefore those of the authors.

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Friday, 5 June 2009

Asylum seekers wrongly refused legal aid

Poor pay sees lawyers stop legal aid workImage by publik16 via Flickr

By Frances Webber

A local law centre project to help unrepresented asylum seekers has demonstrated that the vast majority are wrongly refused legal help for their appeals.

In June 2007, Devon Law Centre set up its Asylum Appellate Project (AAP), to help asylum seekers refused public funding for their appeals to obtain it, and to obtain the evidence necessary to change public policy. The law centre's second report demonstrates the importance of this project. It has succeeded in reversing funding refusals in thirty-eight of the forty-five cases it has dealt with (84 per cent), and ten of the thirty-three asylum appeals it has dealt with (30 per cent) have resulted in permission to stay being granted.

Asylum seekers whose claims are refused by the Home Office should be granted legal aid for their appeal provided their claim has at least a 50 per cent chance of success. But solicitors who take on too many unsuccessful claimants can lose their contract with the Legal Services Commission. This has made solicitors extremely cautious about the cases they grant legal aid to, and has led to a 'cherry-picking' mentality whereby they accept only the cases which are obviously going to succeed. And in a vicious circle, appellants who have no legal representation have a much lower chance of success on appeal - partly because asylum seekers lack the necessary expertise to know about calling witnesses or obtaining reports in support of their claim, let alone the finance to do so, and partly because, as the project appears to confirm, immigration judges take far less trouble over unrepresented claimants. There is an assumption that, because the person has no legal representation, their claim must be unfounded. So the wrongful denial of legal aid means that genuine asylum claimants are likely to have their appeals rejected.

People helped to gain asylum by the project include a Chinese trade unionist who had been tortured in a forced labour camp, Zimbabwean opposition members, a member of a persecuted Somali clan and two Pakistani sisters who were victims of serious violence, rape and abuse. Without the work of the project, all of them would have been forced either to go back to face the situation they fled from or to live a destitute life on the margins in the UK.

Although on a small scale, based on the asylum seekers assisted in Devon and Cornwall, if the project's results were replicated nationally, it would mean that solicitors are wrongly refusing legal aid in four out of five cases, and that in almost a third of those cases, representation would result in a successful appeal. This is an invaluable report for those campaigning for access to justice for asylum seekers.

Download the report (Word file, 83kb)

[1] Devon Law Centre, Asylum Appellate Project: Second Year Report, June 2009.
The Institute of Race Relations is precluded from expressing a corporate view: any opinions expressed are therefore those of the authors.

Source
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Friday, 29 May 2009

PR and the selling of border controls



By Jon Burnett

Jon Burnett analyses a recent Sky TV series, UK Border Force, which portrayed the work of the UK Border Agency.

In 2008, the Home Office paid £400,000 to Steadfast Television,[1] an independent production company, to help fund a documentary for Sky TV on UK border control. The programme, according to Sky, was 'a revealing new documentary series which takes you behind the scenes at Heathrow Terminal 3, Calais, Dover and out and about with diligent enforcement teams - all cracking down on illegal immigrants.'[2]

In turn, Steadfast suggested that viewers would be shown the 'battle to stem the tide of illegal entries'.[3] In exchange for payment, exclusive access to the inner workings of the UK's mechanisms of border policing was granted. Camera crews were allowed to follow enforcement teams as they raided homes and workplaces, officers checking lorries in Calais, and immigration officers interviewing those who wished to enter the country. Staff at the UK Border Agency (UKBA)[4] explained their jobs in detail, discussing their work and its aims.

New Labour has channelled significant energy and resources into transforming the immigration and asylum system in recent years, with Minister of State for Borders and Immigration, Phil Woolas, stating, last year, that 2008 would see 'the biggest shake up of our border security and immigration system in its history'.[5] This documentary then provided an ideal vehicle through which to propagate particular images of the state at a time of restructuring. It provided a clear opportunity to portray the work of UKBA and the programme was overseen on behalf of the Home Office by the Central Office of Information (COI).[6]

It was inevitable, then, that suspicion of bias would emerge. And this was buttressed by growing controversy over the fact that the £400,000 spent on this programme was only one part of a wider £2 million that had been spent by the government on sponsoring other 'documentaries'. Ofcom was concerned enough to investigate whether broadcast codes had been breached. And in this context, on 15 September 2008, it was reported that Sky had given the £400,000 back, claiming that viewers needed to be assured that the programme was 'wholly independent'.[7] A gesture that might have carried more credibility were it not for the fact that the series had already begun.

UK Border Force was an eight-part series that aired between September and October 2008. Each one-hour episode followed the work of the UKBA and focused interchangeably upon the role of enforcement teams, juxtaposed immigration controls in France, the work of staff at Heathrow airport, and visa controls in India.[8] Throughout, the underlying narrative was of the routine manner in which the state refuses entry, targets, raids, stops and searches, detains, and deports those who are in breach of (or suspected of being in breach of) immigration and asylum laws. Viewers were shown close-up images of people breaking down in tears, threatening to end their own lives, fleeing from enforcement teams, and emerging bewildered and confused from their attempted modes of transport into the UK as they were caught and turned away. That their own narratives - those who are described in the programme at various points as 'illegals', 'clandestines', and 'human traffic jams' - remain unexplored is indicative of immigration and asylum policy. 'As far is the law is concerned', one immigration officer bluntly explains, 'there is no flexibility'.

Offshore border controls

British immigration officers are stationed at 135 different countries worldwide in order to 'vet those who want to travel'. Under the doctrine of managed migration their role is to regulate migration flows at the point of departure and, according to one immigration officer, 'We are trying to stop people in the first place who have no right to go'.

Research by the Refugee Council has drawn attention to the manner in which the New Labour government seeks to place more emphasis on pre-entry controls. And these take on a variety of guises, including the imposition of carrier sanctions of airlines that transport 'inadequately documented passengers', referring 'irregular' passengers to local authorities and gathering information on immigration trends. One of the impacts of such practices, according to the Refugee Council, is the refoulement of asylum seekers in need of protection. But in a legal challenge against the UK's use of 'pre-entrance controls' in Prague in 2001, the immigration service asserted that the government was 'not obliged under the 1951 Refugee Convention to consider applications outside the UK, nor to facilitate travel to the UK for the purpose of applying for asylum'.[9] At the same time EU externalised border controls force thousands of people into 'irregular migration' by, effectively, closing down routes for 'legal' travel. It is in this context that people are forced to use other forms of transport including boats and through the use of people smugglers.

None of this is explored in UK Border Force where cameras film immigration offices in Delhi that administer 8,000 applications to travel to the UK a week. Cameras film a range of applicants as they are questioned and cross-examined by officials. One man, for example, is refused a visa as he does not have as much money as he claims in his bank account. 'The fact that you've submitted false documents means I can't believe anything you say', he is told. This is reported without question. As is the fact that the police are called and he is banned from entering the UK for ten years. Like all applicants to the UK from Delhi since 2007, he has his fingerprints and photograph taken and stored in a database which, if the figure of 8,000 applications a week is correct, adds 416,000 people to its files a year. Similarly, a student who has paid £4,500 in order to study in the UK is refused entry as he does not have sufficient grasp of English and cannot answer certain questions. The whole process, in which he loses the fees he has paid, is administered with unswerving efficiency. The reasons why people wanted to leave India are never questioned. Rather, the programme suggests that 'The visa system acts as a filter and strict border controls stop people getting in the country illegally'.

Without any concept of how distinctions between 'legal' and 'illegal' migration are created, or indeed the interests these distinctions serve, UK Border Force is reduced to merely reproducing these distinctions as fact. Juxtaposed immigration controls in Calais are observed faithfully: reported as a line of defence valiantly preventing those whom the narrator describes as the 'clandestine community' from entering the UK. So we are told that of the 5,000 trucks a day that pass through Calais, three-quarters of them are checked for people. We are told that by doing so 12,000 people were prevented from entering the UK in 2007. But at no point does the programme seriously question the terrible conditions in the makeshift camps dotted around the port in which those who are desperate to enter exist. 'If you don't catch them you don't feel like your doing your job', one immigration officer explains. And considerable time is spent showing them 'doing their job'.

Carbon dioxide probes - specially designed devices that detect breathing - are portrayed as a vital tool in the detection of those who try and enter the UK. The immigration officers are meticulous and there is no doubt that they are effective. Close up images show people caught in the back of lorries and vans; behind boxes and beneath pallets and, at one point, 'buried amongst the tyres'. In the latter example, seven people are found hidden in a vehicle just before it is about to board a ferry to the UK. 'Look guys. So close', one of the immigration officers exclaims.

The exact number of migrants who have suffocated whilst in transit, trying to enter the UK, is unknown. Aside from incidents where there are mass casualties - such as the suffocation of fifty-eight Chinese people in a van entering Dover in 2000 - there is little interest from the mainstream media. But a Vietnamese family who are filmed with plastic bags tied over their heads, in a desperate attempt to avoid the carbon dioxide probes, may well have come dangerously close to adding to this number. 'I personally don't have an opinion whilst at work as to the reasons they are coming', one immigration officer remarks. It is a view that UK Border Force follows fastidiously.

Terminal Three - Heathrow airport

Heathrow airport was opened in 1946 and is recognised as the busiest airport in the world. Every year 66.9 million people pass through its jurisdiction, and it plays an intrinsic role in enforcing UK immigration laws and policies. It is no coincidence that the Joint Council for the Welfare of Immigrants (JCWI), set up in 1967 as a welfare service assisting those entering the UK who were made the target of discriminatory immigration laws, initially based itself there.

UK Border Force films immigration officers at Heathrow airport as they process applications to the UK, and painstakingly records their work cross-examining, questioning, and ensuring the removal of those who they suspect of breaking immigration laws. 'Many passengers are from the worlds poorest countries', the programme asserts, and one man who is stopped, held for a period and questioned recognises that poverty, in itself, appears to be a cause for suspicion. 'This is just because I am poor', he claims of his treatment. Not once does the programme even begin to examine the legacies of colonialism and imperialism through which countries have maintained their dominance through extrapolating wealth from other countries.

The United Nations has suggested that the EU needs at least 20 million non-EU migrants by 2020 in order to sustain its economy. Such predictions, in part, have underpinned the efforts of member states in creating and streamlining various types of routes and entitlements (or indeed lack of) for migrants who take up employment. At the same time, significant resources are channelled into ensuring that those who are not deemed desirable by governmental targets and dictates are denied entry and removed. According to the former Home Secretary Charles Clarke, '[t]he UK needs a world class migration system to attract the brightest and the best from across the world'.[10] It can be presumed that one woman from Cape Town, who is stopped and tells the officers that she wants to study on a beauty training course, is not seen to fit into these requirements. She has no money, but has a number of CVs and, as such, the Heathrow staff conclude that she is trying to enter the UK in order to work. Eventually, the woman begins to cry, offering that she has to support her whole family and that this is 'her only break'. In a bizarre scene one of the immigration officers appears to express a level of sympathy for the woman's plight; explaining that they have been to Cape Town and suggesting 'it's pretty horrible'. Regardless, the woman is made to return there. 'She falls well short of the requirements for entry', viewers are told. Whilst an immigration officer acknowledges that they are 'robbing her of her chance to help her family'.

It is presumably women like this that former Prime Minister Tony Blair referred to, in 2004, when he stated, 'We will neither be Fortress Britain, nor will we be an open house. Where necessary we will tighten the immigration system. Where there are abuses we will deal with them, so that public support for the controlled migration that benefits Britain will be maintained.'[11]

And UK Border Force offers a conduit through which such images of border controls can be displayed - without question.

In another example a Pakistani man who claims to be a student is suspected of lying about his course and questioned about what tube route he uses to get to college. He is unable to answer. When contacted, the college that he says he has been studying at confirms that he has not attended since 2007. 'He's played the game', an immigration officer working on the case claims. He is told that he will be removed to Pakistan, but that he has a right of appeal which extends to twenty-eight days if he leaves, or five days if he chooses to remain. If he takes the latter option, it is explained to him that he will be placed in detention and appealing in this way 'is a waste of taxpayers' money'. This, it appears, is the main priority and such is the manner in which a decision on one individual's future is made. When an American citizen, born in Jamaica tells one immigration officer at Heathrow that 'my life is right here in your hands', the answer is instant, and unequivocal. 'That's right', he replies.

Enforcement teams

In all of the ways identified above, UK Border Force grants viewers up close access to the work of immigration officers as they implement policies designed, in part, to prevent entry into the UK. But the footage does not stop there. Considerable time is spent filming the work of immigration officers as they raid homes and workplaces in a hunt for those whose presence is deemed 'irregular'. 'Preventing people who come here illegally is one thing', the programme narrates. 'Tracking down those who have slipped through the net is another. That's where the enforcement team comes in.'

The resources that have been put into tracking down irregular migrants are considerable. Manpower has increased substantially, and information sharing between a variety of agencies is unprecedented. Some (although, as we shall see below not all) of the work of the enforcement teams is based, ostensibly, on intelligence and it is explained that one particular centre in Manchester receives 1,000 'tip-offs' a week.[12] Many of these relate to people working without permission and the officers raid workplaces to catch workers in their jobs. Officers enter a restaurant on the basis of such 'intelligence' in one example and, after breaking some of the furniture (albeit accidentally) they learn that one of the people they are looking for does not actually work in the business. The others have permission to work. Neither the stigmatising effect on the business (there are customers eating as the raid takes place), the fear generated by such events, nor the source of the information are questioned or explored in any way. Rather, the raid is treated as an entertaining slip-up.

In its refusal to ask or even acknowledge some of the broader questions relating to the politics of immigration raids, UK Border Force purges any form of context apart from that which the UK Border Agency seeks to portray. That the raid above is based on fundamentally flawed intelligence is irrelevant to the programme because it is unimportant to the officers who carry it out. They simply move on to another target. In Liverpool, enforcement teams raid another restaurant and, this time, catch people. 'It all ends in tears', one officer explains as one of the workers breaks down on camera. 'It ends in tears for businesses who go to the wall because these people undercut them.'

It is this notion of undercutting 'good' business that plays such an intrinsic role in the government's concerted drive to combat undocumented working through criminalisation. It is a simplistic vision in which businesses can be split into 'good' and 'bad'; with the latter employing workers illegally. In practice, this division appears to be underpinned by ethnicity, with the UKBA targeting ethnic minority owned businesses 'whose visibility on the High Street makes them easy targets for a policy driven by numbers' in an ongoing series of raids and operations.[13] The Home Office displays this information proudly, and 'names and shames' businesses that are caught employing people in contravention of immigration legislation. The list of the names of employers and their businesses who have received civil penalties are updated regularly on the Home Office website and, as the Home Office makes clear, these names are also circulated to 'local media organisations, such as local newspapers and broadcast news media'.[14]

What these naming and shaming lists also reveal, however, is that almost no companies who sub-contract labour are brought to public attention. Between May 2008 and January 2009, these lists publicised over 230 businesses, many of which were found to be employing multiple workers.[15] Not once though do they mention companies such as major supermarkets that routinely utilise products made by exploited labour. As stated above, it is the easiest targets that are beleaguered. This is reflected in UK Border Force as immigration officers are frequently filmed entering small businesses. 'Lets rock and roll' asserts one officer before raiding an Asian butchers shop in London. In Essex, people washing cars are caught and officers go to their shared house to check their identity documents. Upon finding an overdue library book an officer 'jokes' that 'if we can't nick him for immigration offences we'll arrest him for his library fine'. Raids are conducted with the use of fingerprint scanners so that an individual's immigration status can be verified immediately on a centralised database. Results come back in minutes.

Where UKBA does raid larger businesses, such as a chicken factory in the Midlands, officers uncover torrid conditions. Sixty workers are found and they have their mobile phones taken from them to ensure that 'protesters can't cause a nuisance'. Nineteen people are arrested. At a spring onion farm in Worcestershire elderly workers employed by an agency are found in, as one immigration officer states, 'conditions you wouldn't keep an animal in'. Two of the people tell how they sold their house and land to get to the UK. Undocumented working is frequently exploitative, and often involves working in conditions where injuries are high and mechanisms of redress are practically non-existent.[16] Yet, as the commentary for UK Border Force accurately explains, 'Although employment regulations are being broken, the enforcement teams job is to identify and remove "illegals''.' Indeed, at the same time as resources and manpower targeted at arresting 'immigration offenders' there has been a withdrawal of agencies involved in the investigation and prosecution of breaches of health and safety law.[17] Undocumented workers are investigated, portrayed, and 'processed' (in the language of UK Border Force) quite simply as offenders; with little reference to the reasons why they are working in such conditions, or their role in an increasingly 'flexibilised' labour force that the government so readily demands.

Research by the Institute of Race Relations has revealed an increase in deaths caused by immigration raids in 2008.[18] And history has shown that such activities have frequently led to injuries and harm. Yet in a remarkable feat of self-censorship these concerns are omitted completely by UK Border Force. This is despite the use of footage of enforcement teams involved in openly discriminatory 'street operations'. These operations have been ongoing since 2006, and the programme tells us that in London an average of three are carried out a week. They are based, quite unequivocally, on coercion. Enforcement teams travel to busy locations (such as train stations) and stand visibly so as to gauge, in the words of one officer, 'how people react to our presence'. According to UK Border Force the operations are designed to focus on 'anyone who looks suspicious', and any person who reacts nervously to the presence of Enforcement Teams; or, judging by the footage, anyone who is not White, may be stopped and made to verify their immigration status. 'These type of operations, we don't come away with an empty van', remarks one immigration officer. One man is chased by the Enforcement Teams, held down to the floor in full public view, and told he is 'under arrest under suspicion of entering the country illegally, or committing an immigration offence'. When a Black member of public confronts the officers he is told by one of them to 'get your hands out of my face'. In turn, he is put in handcuffs himself and released later on. At Stratford station, two arrests are made in the first hour of an operation and seven throughout the day. One of the arrests is of a Nigerian man who overstayed his visa working at a charity. 'Viewers are told that '[t]he life he made for himself in this country will soon be over'.

State propaganda?

There can be little doubt that UK Border Force acted at the very least as a wholly favorable public relations exercise for the UK Border Agency. This is a remarkable achievement, given that the footage displayed (at different times) immigration officers shattering people's dreams, shouting in peoples faces and smashing through peoples doors. What is equally remarkable, however, is the fact that the media can act so readily as little short of government propaganda. It would be naive to suggest that this was solely as a result of financial backing (the money, after all, was actually returned); or indeed because of editorial control by the Central Office of Information. Rather, UK Border Force portrayed an alliance of shared political and media visions of the work of the state.[19] The programme showed UKBA as UKBA (and no doubt Sky) wanted it to be shown. In turn, it generated high viewing figures of nearly a quarter of a million in its first episode alone.

Some of the immigration officers shown on the programme evidently enjoyed their work. An immigration officer interviewed by The Metro last year explained quite simply that she 'liked the idea of going out and using our power of arrest' and that 'raids are fun'.[20] Others openly displayed sympathy for those whom they removed from the country, but removed them anyway. The point is that whether administered enthusiastically or sympathetically the end result, often, was the same. UK Border Force shows, but never questions that through the edicts of immigration and asylum law and policy global inequalities are maintained at a cost of human misery. Instead, ultimately, such workings of the state are on television as a macabre form of human entertainment.

At the time of writing, UK Border Force is currently re-running on Sky (Freeview), and a second series is in production.

Footnotes: [1] Steadfast Television was set up as part of Apace Media PLC in 2005 and its programmes include CCTV: you are being watched, Sky Cops, Cars Cops and Criminals, and Brit Cops: Frontline Crime. [2] Sky, 'UK Border Force: The Front Line', Sky TV, (Downloaded 27 April, 2009), http://sky1.sky.com/uk-border-force-exciting-new-series-takes-you-behind-the-scenes [3] Steadfast International, Border Force, (London, Steadfast International, 2008). [4] UKBA was established in April 2008, bringing together the work of the Border and Immigration Agency, and parts of Her Majesty's Revenue and Customs (HMRC), and the Foreign and Commonwealth Office. [5] Liam Byrne, 'The case for a new migration system', Speech to the Local Government Association, (6 February, 2008), http://press.homeoffice.gov.uk/Speeches/sp-lb-lga-feb-08 [6] Darren Davidson, 'Sky hands back Home Office payment for AFP series', Brand Republic, (15 September, 2008), http://www.brandrepublic.com/News/845936/Sky-hands-back-Home-Office-payment-AFP-series/ [7] Ibid. [8] UKBA Central Stakeholder Team, Update on key migration &border issues of interest to stakeholders, (London, Home Office, 2008). [9] Sile Reynolds and Helen Muggeridge, Remote Controls: How UK border controls are endangering the lives of refugees, (London, Refugee Council, 2008), p. 38. [10] Charles Clarke, 'Foreword', in Home Office, A Points Based System: Making Migration Work for Britain, (London, Home Office, 2006). [11] Cited in Home Office, Selective Admission: Making Migration Work for Britain, (London, Home Office, 2005), para. 4.8. [12] The Home Office encourages individuals to contact them if they suspect that a person's presence in the UK breaks immigration law, or if they suspect that a business is employing people who do not have permission to work. [13] Frances Webber, 'Crusade against the undocumented' IRR News, (5 February, 2009) http://www.irr.org.uk/2009/february/ha000011.html; See also Migrants Rights News, 'Special Bulletin', Migrants Rights News, June, London: Migrants Rights News, 2008). [14] UK Border Agency, Publication of non-compliant employer details, (London: Home Office, 2008). [15] See http://ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/listemployerspenalties/ [16] Jon Burnett and David Whyte, The wages of fear: risk, safety and undocumented work, (Leeds and Liverpool, PAFRAS and the University of Liverpool, 2009, Forthcoming). [17] Steve Tombs and David Whyte, The Crisis in Enforcement: the decriminilsation of death and injury at work, (London, Crime and Society Foundation, 2008). [18] Cited in Frances Webber, 'Crusade against the undocumented' IRR News, (5 February, 2009) http://www.irr.org.uk/2009/february/ha000011.html [19] Sky TV broadcast the programme and has frequently pressurised governments to pursue the political objectives of its founder, Rupert Murdoch. See for example Nick Davies, Flat Earth News, (London, Vintage Books, 2009), pp. 20-1. [20] Cited in A Williams, (2008) 'My life on the border', Metro, (23 September, 2008), p. 17.
The Institute of Race Relations is precluded from expressing a corporate view: any opinions expressed are therefore those of the authors.

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