As of 1 December 2020, all non-European Economic Area (EEA) foreign nationals in the UK found to be sleeping rough could, at the discretion of the Home Office, face deportation. As of 1 January 2021 this was extended to newly arriving EEA nationals (unless protected under the EEA withdrawal agreement)—a draconian policy that will push those in need of help to the fringes of society.
On 22 October 2020, the government released a statement of changes to the Immigration Rules. These changes included the introduction of the discretionary ground for refusal and the cancellation of an individual’s right to remain in the UK if they had been sleeping rough. This, however, does exclude asylum seekers and those applying to the family and private life immigration categories. The Home Office has claimed this measure would be used “sparingly”. However, following the recent Windrush Scandal, and the ever-increasing “hostile environment” policies that create internal borders for migrants in the UK, it would not be unreasonable to doubt this assertion.
Rough sleeping is defined in law as “sleeping, or bedding down, in the open air (for example on the street or in doorways) or in buildings or other places not designed for habitation (for example sheds, car parks or stations)”. This definition is already problematic in that it is not clear whether this applies to someone who potentially only “slept rough” for one night, or to those who previously were sleeping rough but are no longer. This legal ambiguity remains unaddressed.
THE HOSTILE ENVIRONMENT AND HOMELESSNESS
In implementing these policies, the Home Office ignored how the hostile environment contributes to why a foreign national may need to sleep rough. The “hostile environment” is a term coined by Theresa May to refer to a set of policies that are largely implemented through the Immigration Act 2014 and Immigration Act 2016 to create internal borders for migrants. These internal borders include restrictions to accessing healthcare, banking, housing, and education. Said restrictions are regularly labelled as draconian due to their drastic impact on the lives of all immigrants.
The “Right to Rent" scheme, for example, is a scheme requiring all landlords to ensure that those who rent their property have the correct immigration documents. This scheme has been accused of specifically targeting those who are deemed to be immigrants, with a survey concluding that 42 percent of landlords are less likely to rent to an individual without a British passport. This is evidently linked to the hostile environment policies that criminalise (with a potential five-year prison sentence or an unlimited fine) those who rent to individuals with “no right to rent”. Clearly this could impact the ability of lawful migrants to find accommodation and consequently result in them needing to sleep rough, triggering their deportation.
The pandemic is another significant factor contributing to foreign nationals needing to sleep rough, with a reported 23 percent increase in rough sleeping in London compared with that of July to September 2020. Despite awareness of this, the government still implemented said policies in the midst of a global pandemic.
INCREASING SUSCEPTIBILITY TO MODERN SLAVERY
The impact of this discretionary ability to deport these vulnerable individuals is monumental. By deporting those who are so destitute that they need to sleep rough, the government is essentially criminalising rough sleeping for foreign nationals. This creates a situation in which those vulnerable to modern slavery and trafficking are put at even greater risk. This will occur regardless of whether the Home Office use this measure “sparingly,” as those who find themselves in the position of rough sleeping may be too afraid to seek help for fear of deportation, pushing them even further to the fringes of society.
Local councils and charities working in the homelessness sector have called to boycott this new scheme, suggesting instead a preventative measure of removing the hostile environment policies as well as the “no recourse to public funds” and the “Right to Rent” policies. The government responded by asserting it will not remove the “no recourse to public funds” as it affirms “migrants coming into the UK should be able to maintain and accommodate themselves”. This is an unforgiving measure, especially in light of the global pandemic.
The ever-growing hostile environment policies along with anti-immigration sentiment is pushing vulnerable people to the fringes of society, and there is no suggestion of such ruthless policies being retracted any time soon.
Sarah is a final year student at the University of Kent, studying Law and English Literature. She aspires to become a human rights lawyer and is passionate about advocating for equality and justice. She specifically passionate about immigration, asylum law, and international human rights.