Immigration Enforcement
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| Agency overview | |
|---|---|
| Formed | April 1, 2012 |
| Superseding agency | |
| Type | Law Enforcement |
| Jurisdiction | United Kingdom |
| Minister responsible |
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| Agency executive |
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| Parent agency | Home Office |
| Website | Immigration Enforcement |
Immigration Enforcement (IE) is a division of the Home Office responsible for enforcing immigration law in the United Kingdom. It was established from the section of the UK Border Agency (UKBA) responsible for enforcing immigration.
History
The Home Secretary Theresa May announced the abolition of the UK Border Agency on 26 March 2013, with the intention that its work would be returned to the Home Office.[1] The agency's executive agency status was removed and internally it was split, with one division responsible for the visa system and the other for immigration enforcement.[2][3]
Role
Immigration Enforcement is responsible for enforcing the United Kingdom's immigration laws by conducting "visits" to residential and business premises. These visits can often be conducted with a court-issued warrant, in which forced entry may be used if necessary, in order to apprehend immigration offenders. Immigration Officers (IO's) [also referred to as Immigration Enforcement Officers] have a number of powers which allow them to carry out such enforcement work. Whilst on a visit, IO's will question encountered individuals about their immigration status and will arrest anyone found to be in breach of immigration law.
Departments
Immigration Enforcement has a number of internal departments, including Criminal Financial Investigation (CFI) which is a non-uniformed, investigatory unit much like the Criminal Investigation Department within territorial police forces, responsible for investigating criminality surrounding immigration, such as the production of false documents, etc. IE also has it's very own Intelligence Department, which is responsible for gathering and disseminating information, as well as other functions.
The organisation works very closely with other government bodies including police, Border Force, UK Visas and Immigration, the National Document Fraud Unit and many more. IE will often work collaboratively with local councils and transport authorities in order to carry out targeted operations.
Powers
Arrest officers are warranted and derive the majority of their powers from the Immigration Act 1971, although some powers are acquired from the Immigration and Asylum Act 1999 and the UK Borders Act 2007, as well as others.
In the vast majority of cases, Immigration Officers will use "administrative powers" under Schedule 2 of the Immigration Act 1971. Said powers include the execution of warrants and the power of arrest, as well as powers to search arrested persons and to search premises for evidence relating to a person's immigration status (passport, visa, plane tickets, etc.). These powers are used to start a process of "removing" a person administratively - this is often confused with "deportation," which is a different process entirely. Once an IO has arrested a subject, they must seek authority to detain them and serve paperwork upon them. If and when this is granted, authority must then be sought to remove the subject back to their country of origin, possibly through an EU nation or via another transit point. This process ensures that no single officer can remove an individual from the United Kingdom without question - the arresting IO must explain and account for their actions before a CIO / HMI will approve detention and removal. In the event of a senior officer making an arrest, he/she must still obtain authority from another senior officer to detain and serve paperwork.
Others include "28" powers (sections 28A, 28B, 28C, etc.) of the Immigration Act 1971, which are similar to those in Schedule 2, but are criminal powers and not administrative. These are rarely used by standard arrest officers, but still form a large part of an IO's powers. These powers are more likely to be used in cases of "high harm" offenders (individuals involved in criminality) and other cases where a subject is likely to face prosecution (repeat offenders, use of forged documents, etc.).
It is an offence to obstruct or assault an IO. Officers can arrest anyone (including British Nationals and EU citizens) if they suspect them of committing such an offence. The powers of arrest are S.28A(5) IA1971 and S.23(1) UKBA2007 respectively.
Rank Insignia
Uniformed Immigration Officers have their rank displayed on shoulder epaulettes, attached to their wicking shirt, jumper, jacket and stab vest. Officers below HM Inspector rank will usually have their warrant / identification number displayed.
Uniform
The current uniform for arrest officers includes: wicking shirt, cargo trousers, v-neck jumper, fleece, coat and in some instances a baseball cap. The entire uniform is navy blue. Officers also carry items of Personal Protective Equipment (PPE), including speedcuffs, extendable baton (ASP) and a black stab-proof vest is also worn.
Method of Entry (MoE) officers will usually wear a black boiler suit and protective helmet. These officers have access to a wide array of equipment, allowing them to force entry to premises if required.
Vehicles
Immigration Enforcement teams employ a range of different vehicles. Before the organisation's inception, the previous agency (UK Border Agency) used unmarked vehicles, but a change in policy has led to IE using marked "battenburg" vehicles to improve high visibility, falling into line with the police. The majority of vehicles are vans: Volkswagen Transporters, Mercedes Sprinters and Mercedes Vitos form the majority of the fleet. Some vans contain a cell where detained persons can be placed and safely transported to custody.
Marked vehicles are clearly identifiable by their "battenburg" markings, which are a combination of sky & navy blue chequered squares, surrounded by high-visibility yellow stripes above and below - vehicles also have "Chapter 8" chevrons on the rear. All vans clearly display "Immigration Enforcement" on the front, sides and rear; Home Office logos are also present on each side.
Unlike the police, marked IE vehicles do not have emergency lighting or sirens as the role of an IO does not require them to engage in response driving. However, some marked vans do have flashing "rear reds" which can be used if the vehicle is parked and the driver needs to alert other road users to the vehicle's presence (e.g. if the vehicle is parked on a main road or is a potential hazard).
Political Issues, Confrontations & Controversy
Immigration is a very political issue within the United Kingdom and this has put Immigration Enforcement at the forefront of issues surrounding migration, refugees and those opposed to immigration law. Many left-wing groups, such as "No Borders" and "Anti Raids" are vehemently opposed to the organisation and the way it operates. Many of these groups have called for the public to intervene when IE officers conduct visits, with some actively encouraging violence towards IO's.
In some instances, IO's have been physically assaulted and their vehicles have been damaged, with tyres slashed and windows broken. The most well-known instance of this was an attack on IO's in Shadwell, East London in September 2015.[4] Whilst IO's conducted a visit to a shop in the area, a gang attacked them and their vehicles, resulting in serious damage to a number of vans and an unmarked car.
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An Anti Raids poster protesting against the work carried out by IE.
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An Anti Raids poster inciting the public to resist IE visits.
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A stall set up by Housing Action in Southwark and Lambeth (HASL) in partnership with Anti Raids - Peckham, London.
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Protesters attack an IE vehicle in East Street Market, London. Police were called to the scene.
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Vehicles in Shadwell, London were attacked during a visit conducted at a local shop.
References
- ↑ "UK Border Agency 'not good enough' and being scrapped". BBC News. 26 March 2013. Retrieved 19 March 2014.
- ↑ "UK Border Agency's transition to Home Office". UK Border Agency. 3 May 2013. Archived from the original on 16 June 2013. Retrieved 12 May 2013.
- ↑ https://www.gov.uk/government/news/uk-border-agency-to-split-into-two-new-groups
- ↑ "Welcome to Shadwell: Gang sabotages immigration-raid vans". Mail Online. Retrieved 2016-03-19.
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