Labour's small boat migrants deal to be 'overwhelmed with last-minute legal challenges' as it gears up for first deportations to France this week, Tories warn
Labour's migrant returns deal with France will be hit with a ‘slew of last-minute legal challenges’ as ministers gear up for the first removals flights this week, the Conservatives have predicted.
The initial deportation of small boat migrants back to France is due to take place as early as tomorrow.
The ‘one in, one out’ deal with president Emmanuel Macron’s government came into effect on August 7 and since then 5,435 small boat migrants have reached Britain.
Shadow Home Secretary Chris Philp – who served as an immigration minister in Boris Johnson’s government - said Labour’s plan would be overwhelmed by legal challenges brought on behalf of migrants to prevent them being sent back.
At least 100 migrants were detained in early August after crossing the Channel by small boat.
They have since been held at immigration removal centres and an undisclosed number have now been issued with formal ‘removal directions’ by the Home Office.
Tory frontbencher Mr Philp said: ‘The Government will be hit with a slew of last-minute legal challenges, but are too naïve to realise this.
‘They have not scrapped the Human Rights Act in immigration matters or, indeed, the use of modern slavery claims as a pretext to stay in Britain, so ministers will find it very hard to remove people in practice.
Small boat migrants selected to be sent back to France were photographed in detention by the Home Office last month
The Home Office images showed migrants - all men - being delivered to an immigration removal centre ready to be processed for the new 'one in, one out' returns deal
‘In any case, removing a tiny handful of people will have no deterrent effect, when 2,000 people crossed in the last 10 days alone.
‘By their own admission 95 per cent of those crossing will be allowed to stay, which is clearly no deterrent at all.
Small boat migrants arriving at the Western Jet Foil at Dover Port, after being picked up in the Channel by Border Force vessels, were then taken to a processing centre in Manston, near Ramsgate, Kent, where some were selected for the new Anglo-French scheme
‘What we should do is deport very single illegal immigrant immediately on arrival.’
On September 6, 1,097 migrants reached Britain and there were a further 927 arrivals last week. Crossings are currently inhibited by strong Channel winds.
Shadow Home Secretary Chris Philp says the Home Office will face a 'slew of last-minute legal challenges' as it attempts the first removals under the scheme this week
Shabana Mahmood, arriving at the weekly Cabinet meeting last week, was appointed Home Secretary earlier this month after her predecessor Yvette Cooper oversaw a surge in Channel crossings in Labour's first 14 months in power
When the previous Conservative government attempted to mount the first removals flight in its Rwanda asylum deal, in June 2022, it was grounded by a late-night injunction issued by the European Court of Human Rights.
When PM Sir Keir Starmer and Mr Macron announced the deal in July it was suggested it would see 50 migrants a week sent back to France.
At that rate, less than 2,000 would be returned before the agreement expires on June 11 next year.
By comparison, 31,026 have arrived so far this year, up 38 per cent on the same period last year.
The PM was accused of ‘gaslighting the British public’ last month after he made ‘grossly exaggerated’ claims over the new deal.
Despite the narrow scope of the pilot scheme Sir Keir took to social media to claim: ‘If you break the law to enter this country, you will face being sent back.’
At the time, Mr Philp said it was a ‘gross exaggeration of what this paltry scheme will do’.
The British taxpayer will foot the bill for both sides of the deal, which will see migrants who came here illegally across the Channel exchanged ‘one for one’ with others still in France.
Migrants in France – such as those with relatives already in Britain - will be flown here by the Home Office and handed a visa lasting up to three months while their final application is considered.
Officials insisted there will be ‘rigorous’ security checks even though the French will not hand over any personal details on migrants coming here – including any criminal records they may hold on them.
Government sources confirmed the removals flights will start this week.
A Home Office spokesman said: ‘Under the new UK-France treaty, people crossing in small boats can now be detained and removed to France.
Migrants attempt a dinghy crossing from Gravelines beach, in France, to the UK last month
‘We expect the first returns to take place imminently.
‘Protecting the UK border is our top priority. We will do whatever it takes to restore order to secure our borders.’
