The Act establishes the architecture and provides the tools, powers and offences to transform the cross-system response to the threats against UK border security and strengthens the operation of the border security, asylum and immigration systems.
	The purpose of the Act is to improve UK border security and strengthen the asylum and immigration system by creating a framework of new and enhanced powers and offences that, when taken together, reinforce, enhance and connect capabilities across the relevant government and law enforcement partners which make up the UK’s border security, asylum and immigration systems.
	While the measures within the Act enable a response to the range of current and future threats to the UK border, the intention in the immediate term is to support the Border Security Command’s focus on preventing, investigating and prosecuting Organised Immigration Crime (OIC), providing additional deterrents and penalties for criminals involved in such activity. The Act will:
enable smarter, faster and more effective interventions to protect UK border security;
make it easier to detect, disrupt and deter those seeking to engage in and benefit from OIC, limiting the permissible environment and its impact; and
improve understanding of how and why OIC happens.
	The Act includes the following measures:
Sections 1 to 12 set out provisions to make the Border Security Commander a Statutory Office Holder and details their functions in this role.
Sections 13 to 20 set out new offences in relation to the preparatory acts to commit an immigration offence and the offence covering those who advertise unlawful immigration services.
Section 21 details the offence of endangering another during sea crossing to the United Kingdom.
Sections 22 to 29 set out the powers for an immigration officer, NCA officer, or police constable to search, seize and retain information stored on electronic devices.
Sections 30 to 36 relate to the sharing of customs information by His Majesty’s Revenue and Customs (HMRC) and the sharing of trailer registration information to assist with Home Office functions.
Sections 37 and 38 set out provisions relating to the provision of biometric information outside of a visa application process and the use and retention of that information.
Section 39 sets out the powers in ports in Scotland to take fingerprints.
Sections 40 to 42 set out the repeal of immigration legislation in relation to certain sections of the Illegal Migration Act 2023 and the entirety of the Safety of Rwanda (Asylum and Immigration Act) 2024.
Section 43 sets out new powers in relation to the Immigration Services Commissioner.
Section 44 sets out changes to the power to detain a person ahead of deportation.
Section 45 sets out provision relating to the rights of European Union (EU), other European Economic Area and Swiss nationals, and their family members, with leave to enter or remain in the UK granted under the EU Settlement Scheme.
Section 46 sets out provisions to strengthen the powers available to protect the public from migrants that pose a threat through placing additional conditions on them.
Section 47 sets out new powers in relation to the taking of biometric information.
Section 48 sets out changes to extend the scope of employers required to carry out right to work checks to prevent illegal working and the associated sanctions for non-compliance.
Sections 49 and 50 set out changes to the timelines for appeals for non-detained individuals convicted of an offence and is liable to deportation, and those receiving accommodation support.
Section 51 redefines the UK’s interpretation of a ‘particularly serious crime’ for the purposes of excluding refugees from the protection against refoulement, in line with Article 33(2) of the Refugee Convention
Sections 52 to 54 set out a new offence in relation to the articles used in Serious Organised Crime.
Sections 55 to 59 set out amendments to Serious Crime Prevention Orders and the introduction of Interim Serious Crime Prevention Orders.
Section 60 sets out the validation of fees charged in relation to the recognition of professional qualifications.
Overview of the Act