On 2 December 2025, the Border Security, Asylum and Immigration Act 2025 became law. We will call this “the Act” in this blog.

It feels like there is a new immigration Act every year – and recently, that has been true. It is important to know that this new Act does not undo the big changes made by the Nationality and Borders Act 2022, and it keeps many parts of the Illegal Migration Act 2023 in place. 

This includes:

• The Home Office has stronger powers to detain people, for longer, under immigration powers. There is still no time limit in law on immigration detention.
  
• People can still be punished in their asylum claim if they do not give the Home Office access to an electronic device, like a phone, when asked (this is in section 62 of the Illegal Migration Act).
  
• There is still a plan (not yet in force) to take away help and protection from some survivors of trafficking and modern slavery. Under section 29 of the Illegal Migration Act, the Home Office would have to refuse this protection if they say the person is a “public order risk” or has claimed “in bad faith”, unless there are very strong reasons not to.
  
• There is still a “white list” of “safe” countries. People from those countries can have their asylum claims treated as inadmissible or “clearly unfounded”, with very limited rights of appeal. This list has been expanded with India and Georgia added in 2023-2024.
  

The new Border Security, Asylum and Immigration Act 2025 has removed (“repealed”) the ability to send people to Rwanda from the law by getting rid of the Safety of Rwanda Act 2024. 

There was also an old rule from the Illegal Migration Act that said:  people who entered the UK without permission could never get leave to remain or become British citizens. The government has now taken this rule out of the main law and moved it into Home Office guidance instead. This means it is no longer written as a strict ban in the law, but caseworkers can still follow the same idea in their decisions, and the Home Office can change this policy more easily, without debates and a full vote in Parliament.

What new things does the Border Security Asylum and Immigration Act do? 

The new Act also creates new criminal offences and new powers, mainly around “organised immigration crime”. These new powers sit on top of the old system. 

According to official documents, the Act:

• Makes it a crime to supply items that are believed to be for use in organised immigration crime (for example, equipment for irregular Channel crossings). The law says humanitarian items like food, medicine and bedding should not count as “crime items”.
  
• Makes it a crime to collect information that is “likely to be useful” to someone planning an irregular crossing.
  
• Creates a new offence of endangering another person during an unlawful sea crossing.
  

The law also gives stronger powers over phones and data:

• Immigration officers and police can search certain people, seize phones and other devices, and take and keep data from them, in more situations than before.
  
• There is more data-sharing between the Home Office, HMRC (tax) and the DVLA (driving licences) “for immigration and security purposes”.
  

What does this mean for our communities? 

There are still very few safe ways to come to the UK and ask for protection. This law does not strengthen refugee or migrant rights. The rules to get status are still very strict, and many people are refused. 

In practice, this law means more control over people under immigration rules. More people may have their phones checked or taken. More personal information can be copied, stored and shared between different government bodies.

The government has kept strong powers to detain people, and has added new ways to turn migration into a crime and to watch people more closely through increased data-sharing. Because of this, we fear more people are “liable to detention” in law. Many will continue to live for a long time on immigration bail, with reporting conditions and the constant fear of detention and removal.

What now? 

This law contributes to a general shift towards more immigration enforcement and criminalisation of migration. It is also part of this government’s plan to detain and deport more people from our communities.

 It is critical for us to be aware of our rights and connect with each other to build confidence to exercise these rights to protect our communities. Right to Remain is running our new Knowledge is Power workshops on detention and enforcement on 17 December and more in the future. Please join us. 

Needless to say, it is also important that we support each other to navigate this hostile asylum and immigration system to secure our safety. At the same time, many people struggle to find a good quality lawyer – or any legal representation at all. The Right to Remain Toolkit is an important resource that can equip people going through the system, and their supporters, to understand what is happening in their case, what options may be available, and how to prepare, ask questions, and stay as safe and informed as possible.

The government continues to announce many changes and proposals to the asylum and immigration system. This can be confusing and overwhelming. You can sign up to our newsletters to stay connected with us and inform ourselves. Don’t forget, knowledge is power.