Member

35B: After Clause 41, insert the following new Clause— “Powers of detention for illegal entrants(1) A person to whom this section applies (“P”) must be detained under the authority of the Secretary of State or the authority of an immigration officer for the purposes of P’s removal from the United Kingdom.(2) This section applies to a person who—(a) commits an offence under sections 24 or 24A of the Immigration Act 1971 (“A”), or(b) has had their asylum claim, protection claim or human rights claim rejected (“B”).(3) Where P is detained under this section, P must be detained in a designated removal centre and may not be accommodated in any other form of accommodation.(4) For the avoidance of doubt, the reference in subsection (3) to “any other form of accommodation” includes hotel accommodation, houses in multiple occupation and military bases. (5) Where P is detained under this section, P must be detained for the relevant period.(6) For the purposes of subsection (5) the “relevant period” begins—(a) for A, on the day on which the person unlawfully enters the United Kingdom;(b) for B, the day on which the claim is rejected.(7) For the purposes of subsection (5) the “relevant period” ends on the earliest of the following—(a) for A, on A’s deportation from the United Kingdom;(b) for B, on B’s deportation from the United Kingdom.(8) Schedule 10 of the Immigration Act 2016 (immigration bail) does not apply to a person detained under this section.(9) Section 141 of the immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections (10) and (11).(10) In subsection (7), after paragraph (d) insert—“(da) any person (“DA”) who has been detained under section (Powers of detention for illegal entrants) of the Border Security, Asylum and Immigration Act 2025;”.(11) In subsection (8), for paragraph (d) substitute—“(d) for D or DA, on D’s or DA’s detention or arrest;”.(12) In subsection (9), in paragraph (b), for “or D,” substitute “,D or DA,”.(13) Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 are amended as follows.(14) In paragraph (7)—(a) in sub-paragraph (f), at the end omit “and”,(b) in sub-paragraph (g)(ii), at the end insert “; and”(c) after sub-paragraph (g) insert—“(h) any person (“H”) who has been detained under section (Powers of detention for illegal entrants) of the Border Security, Asylum and Immigration Act 2025.”(15) In paragraph (11) –(a) in sub-paragraph (f), at the end omit “and”,(b) in sub-paragraph (g), at the end insert “;and”(c) after sub-paragraph (g) insert—“(h) for H, on H’s detention.”(16) In paragraph (12), after sub-paragraph (b), insert—“(c) for H, on H’s deportation from the United Kingdom.””Member's explanatory statement This amendment would require any person that enters the United Kingdom illegally or has had their asylum claim rejected to be immediately detained in a removals centre, not a hotel or HMO, have biometric information collected, and then be deported within one week.