Immigrant advocates deem proposed measures to combat fraudulent legal advisors impractical in real-world application

Unmasking the Shadows: An In-depth Look at the New Measures Targeting 'Shadowy' Immigration Advisers

The UK government is stepping up its war against the clandestine world of 'fake' immigration advisers, as revealed in the upcoming Border Security, Asylum, and Immigration Bill. This bill is set to crack down on these rogue operators offering fraudulent guidance to migrants on lodging phony asylum claims.

The proposed legislation will empower the Immigration Advice Authority (IAA) with new powers, enabling them to levy hefty fines of up to £15,000 on fraudulent firms and individuals pretending to be immigration advisers.

One such loophole, currently being exploited by disreputable operators, will be sealed off. The new laws would prevent individuals previously banned from offering immigration advice from continuing to do so—even if they are working under supervision.

In a statement, the Home Office acknowledged that there's a growing body of evidence suggesting fake lawyers are acting as intermediaries for individuals trying to manipulate the immigration system. The Minister for Border Security, Dame Angela Eagle, condemned these shameless individuals, stating, "Those offering immigration advice illegally must be held responsible."

The Law Society of England and Wales, however, expressed concerns about the practicality of the proposal, pointing out that the justice system is already grappling with high demand levels. Richard Atkinson, the President of the Law Society, highlighted that increasing the number of legally aided immigration and asylum lawyers could discourage the use of unregulated advisers.

Nonetheless, he raised concerns about the feasibility of the proposed crackdown, citing the Crown Court's already daunting backlog, which stood at 73,105 open cases as of the end of September 2024, a 10% increase from the previous year. The Ministry of Justice acknowledges that the backlog is expected to escalate further unless prompt action is taken.

In the Autumn Budget, the government committed an additional £2.3bn to prison expansion as part of its efforts to 'repair the justice system.' Amid growing public concern over the state of the immigration system, Reform UK is positioning immigration as a prime issue for the upcoming local elections.

Insights: The Border Security, Asylum, and Immigration Bill introduces four new criminal offences targeting immigration-related crimes, including provisions likely aimed at activities such as providing fraudulent legal advice. While the text does not explicitly define "fake immigration advisers," the bill includes broadly worded offences that could encompass unregulated advisers. Key specifics and concerns include:

New Criminal Offences: The bill creates offences for "collecting information for use in immigration crime," with JUSTICE highlighting the need for explicit exemptions to protect legitimate legal professionals from unintentional liability.
Practicability Concerns:
Vagueness Risks Overreach: The lack of clarity in defining "immigration crime" or exemptions for genuine legal work raises concerns about arbitrary application.
Crown Court Backlog: Proposed prison sentences for these offences appear "disproportionately high," which could exacerbate the existing Crown Court backlog if prosecutions surge.
Procedural Safeguards: Critics argue the bill fails to address systemic issues, such as inadequate resourcing for courts, while expanding punitive measures. No specific amendments addressing fake advisers’ oversight mechanisms or Crown Court capacity were identified in the reviewed amendments. The bill’s focus on criminalisation, without parallel investments in legal aid or court efficiency, risks compounding delays and miscarriages of justice.
The Border Security, Asylum, and Immigration Bill will create four new criminal offences, targeting immigration-related activities like providing fake legal advice.
Key concerns surround the practicability of the new legislation, as it may increase the numbers of legally aided immigration and asylum lawyers, potentially worsening the already high demand levels in the justice system.
Critics argue that the bill's broadly worded offences could lead to overreach, as it might inadvertently encompass legitimate legal professionals in its scope.
The existing Crown Court backlog, standing at 73,105 cases in September 2024, is expected to worsen unless prompt action is taken, potentially exacerbated by increased prosecutions for immigration-related crimes.
Reform UK is positioning immigration as a prime issue for the upcoming local elections, pointing out a pressing need for systemic reform, such as implementing procedural safeguards, and addressing issues like inadequate legal aid and court capacity.