Proposed Bill to Slam Travel Restrictions and Social Media Bans on Alleged People Smugglers

Individuals suspected of human trafficking will undergo mobile phone restrictions, social media bans, and travel limitations under new temporary orders that can be enforced prior to any conviction, which government officials assert will significantly accelerate limitations on their actions.

This enforcement is a component of the government’s border security legislation anticipated to be released in the upcoming weeks, amid record numbers of individuals arriving in the UK in 2024. Statistics reveal a 25% increase in the number of individuals traversing the Channel in small vessels compared to the previous year.

In just the last days of December, 1,776 individuals crossed the Channel using 38 boats, despite various initiatives from the Home Office and National Crime Agency aimed at curbing crossings, seizing boats and apprehending human traffickers.

Government officials are optimistic that the new regulations in England and Wales – where violations could result in up to five years of incarceration – will complicate the operations of suspected traffickers significantly. However, numerous migration specialists expressed skepticism about the efficiency of the new enforcement as a deterrent.

Restrictions could include travel limitations, as well as prohibitions on the use of laptops and mobile phones, and access to social media platforms, even through intermediaries, alongside prohibitions on meeting or communicating with others and accessing funds. The high court would dictate the duration of these constraints.

The temporary orders will add to the serious crime prevention orders, which home secretary Yvette Cooper stated are meant to provide a quicker approach that can be applied to suspects at once by the high court.

However, Enver Solomon, the chief executive of the Refugee Council, argued that tougher enforcement alone is unlikely to affect the statistics.

“Additional enforcement measures without also tackling the underlying reasons that drive individuals to risk their lives will likely result in more perilous journeys and increased human tragedies as men, women, and children from nations like Afghanistan and war-torn Sudan seek refuge with family and communities already established in the UK,” he stated.

“The government should outline a strategy for safe and legal pathways as a top priority for 2025.”

A serious crime prevention order is a civil directive imposed by the court to obstruct a person’s engagement in hazardous offenses, even if that person has not been convicted of any crime. However, the process of imposition can be complicated and lengthy.

The forthcoming legislation will seek to empower the National Crime Agency, police, and other law enforcement bodies to petition directly to the high court for immediate restrictions while a full order is being evaluated.

Government officials hope that this will hinder the operations of traffickers as inquiries and potential prosecutions unfold. Violating a temporary order could lead to incarceration for up to five years. Temporary orders could apply to various serious alleged crimes, including trafficking, drug smuggling, money laundering, and firearm violations.

Madeleine Sumption, director of the Migration Observatory at the University of Oxford, stated the new enforcement measures might only slightly influence human trafficking, possibly by increasing the costs of crossings.

“Heightened enforcement might impact the traffickers themselves, bringing more of them to justice,” she remarked.

“It remains unclear whether it will affect the volume of individuals crossing the Channel in small boats. In theory, intensifying action against gangs might raise crossing costs, potentially excluding some individuals at the margins. However, the human smuggling network across the Channel is decentralized and lucrative. When one smuggler is taken down, others may merely step in to take their place.”

Cooper mentioned that the modifications are part of a series of actions the government plans to introduce this year to combat criminal organizations.

“Dangerous criminal human traffickers are profiting by undermining our border security and endangering lives. They must not be permitted to escape accountability,” she declared in a statement regarding the new measures.

“Enhanced international cooperation has already led to significant arrests and actions against dangerous organizations in recent months. We will equip law enforcement with the necessary authority to pursue and dismantle more of these vile gang networks.

“Border security underpins the government’s strategy for change, aimed at improving people’s circumstances, ensuring safer streets, and fortifying our NHS, and we will exhaust all means within our power to deliver for working individuals.”

Cooper stated last month that the government has a moral obligation to address Channel crossings but declined to specify a deadline for achieving a significant decrease in numbers.

The government also indicated it was investing substantial resources in capturing the leaders of smuggling operations. It highlighted a joint operation between the NCA and Belgian authorities that disrupted a significant Afghan network reputed to have been responsible for transporting thousands of migrants into Europe and committing serious sexual offenses against male migrant minors.

Additional elements of the bill will include new authorities for the Border Security Command, an initiative from the government that has received some critique from Conservatives for duplicating similar efforts from the prior administration.

Cooper indicated the government’s focus would also include new agreements for returns and processing the asylum backlog – which has seen nearly 13,500 individuals deported since July but will result in thousands more being granted the right to remain.

Sources from the Home Office have attributed the rise in crossings to an increase in favorable weather days, noting there were 88 such days in the latter half of 2024 as opposed to 50 in the latter half of 2023.

Chris Philp MP, the shadow home secretary, remarked: “Labour has the audacity to claim to be tough on human smuggling networks – they opposed stricter penalties for these same smuggling gangs in the last parliament. As the NCA stated, what would have deterred the boats was a removals deterrent – yet Labour canceled Rwanda before it was even implemented.”