According to data obtained from a freedom of information request, over 1,100 individuals, including survivors of torture and human trafficking, have faced legal action for unlawfully entering the UK since 2022.
The UK Home Office established the illegal arrival offense in 2022 as part of efforts to discourage individuals from entering the country via small boats or other non-standard methods such as lorries.
This move drew significant criticism due to its contradiction with the refugee convention, which stipulates that individuals seeking asylum should not be criminalized based on their mode of travel, especially when legal options to escape unsafe environments are often unavailable.
Research conducted by Dr. Victoria Taylor, a criminologist and research fellow at the University of Manchester, indicates that between July 2022 and January 2026, a total of 1,109 individuals were prosecuted for illegal arrival.
The findings reveal that 628 of these individuals arrived via small boats, with 296 recorded on surveillance drone footage operating the vessels. Some had prior immigration issues in the UK.
In contrast, only 12 individuals have been convicted for the distinct offense of facilitation, which pertains to piloting the boats they arrived on. The Home Office and Crown Prosecution Service have found it more challenging to gather sufficient evidence to prove that dinghy operators were involved in organizing the Channel crossings compared to charging them with illegal arrival.
Those identified as having navigated the boats did so for various reasons, including possessing boating skills, steering in exchange for reduced fares, taking turns, or being coerced.
In one particular case involving illegal entry, the Home Office settled a judicial review pertaining to a trafficking survivor from South Sudan who was compelled at gunpoint to steer a small boat. In light of this, officials have committed to enhancing protections for trafficking victims in similar situations.
Emily Soothill, a partner at the law firm Deighton Pierce Glynn who represented the individual, remarked, “Unfortunately, our client’s case highlights that potential trafficking victims are frequently prosecuted for illegal arrival and imprisoned for extended periods. The concessions reached in this case emphasize the necessity for a strong and consistent enforcement of the UK’s modern slavery laws to avoid misclassifying trafficking survivors as criminals.”
Among those convicted were also victims of torture and trafficking, including at least 30 children whose ages were disputed, 19 of whom had been placed in adult correctional facilities.
The organization Captain Support UK has assisted numerous individuals incarcerated for illegal arrival offenses, all of whom sought asylum just hours before their arrests.
A representative from the organization stated, “We witness firsthand the detrimental effects these prosecutions have on individuals and their families. We urgently urge the government to cease the imprisonment of those seeking refuge. No one should face incarceration for pursuing safety and a better future.”
Dr. Taylor commented, “The criteria for prosecution selection appear arbitrary and inhumane.”
She further noted that most of those imprisoned for illegal arrival since 2022 had filed for asylum shortly before their arrests, with many being granted asylum post-release or recognized as trafficking victims, or both.
“There are significant concerns regarding the alignment of these prosecutions with the refugee convention, which was established to prevent states from penalizing refugees for their methods of seeking safety. There is a lack of evidence supporting the government’s assertion that these prosecutions will deter individuals from attempting to cross the Channel,” Taylor concluded.
The Home Office has been contacted for a response to these findings.
