Recent Changes to US Immigration Policy

Baroness Northover Excerpts

Monday 30th January 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the Prime Minister’s visit took place last week in the context of the biggest global refugee crisis that we have seen since the Second World War, with huge implications for peace and security throughout the world. The 1951 refugee convention and 1967 refugee protocol oblige all signatories to accept refugees from war, without regard to their race, religion or country of origin. This order is in clear breach of that international obligation.

As Mr. Trump signed this executive order barely an hour after he had finished his talks with the Prime Minister on Friday, can the Minister explain why the Prime Minister, unlike the German Chancellor, felt unable on Saturday to remind the President of these responsibilities and condemn this action and executive order? Can the Minister also tell us whether the Government have made any assessment of the impact this order may have on the United Kingdom’s ability to uphold its obligations under these international treaties?

While the reassurance on British citizens is extremely welcome—I am pleased the Government were able to sort that out over the weekend—will the Minister confirm that those citizens of the seven designated countries who do not hold British passports but are legally resident here in the UK will be barred from travelling to or through the United States? Will she also reassure the House that, during the 90-day period of this order, which, as she said in the Statement, is a temporary measure, the Government will take every step and opportunity at all levels of our special relationship to raise with the US Administration that this is a divisive and dangerous policy that will impact on peace and security throughout the world?

[Baroness Northover (LD)]

My Lords, I too thank the noble Baroness for repeating the Statement, and I welcome the fact that the Foreign Secretary has described the new US immigration policy as “divisive and wrong”—it surely is.

Can I point out that, as originally announced, this policy would have swept up the noble Baroness, Lady Afshar, who might have had the uncertain privilege of risking jail if she returned to her home country of Iran, yet being expelled if she tried to enter the so-called liberal democracy of the USA? As someone who benefited from that liberal democracy by being able to pursue all my postgraduate study in the United States, I find this development almost unbelievable. It was an astonishing action to take in relation to refugees on Holocaust Memorial Day.

What assessment has been made of the potential backlash from countries identified and from Muslim communities worldwide, and what impact might this policy have on British citizens, including aid workers, army personnel and diplomatic staff living and working in these countries? Do the Government agree that the policy potentially promotes, rather than limits, instability and insecurity? Might we even have seen evidence of that divisiveness in the utterly inexcusable act of terrorism that we have just seen in Canada, whose leader was wonderfully forthright in rejecting his neighbour’s policy?

Does the Minister agree that working together with our European allies is, right now, even more important than it ever was, in the light of the unpredictable and reactionary nature of the current US Administration? What are we doing in pivoting away from Europe towards the US? Does she agree that, even though President Trump’s apparent commitment to NATO may be welcome, we cannot rely on what he seemed to agree? Does she agree that, although trade with the US is important to us, it is dwarfed by that with the EU as a whole, and that expanding it is less a matter of tariffs and more a matter of standards and regulation, and that none of us would wish to lower our standards in agricultural products to enable an increase in that trade—an increase which experts estimate may amount to only 2%?

In conclusion, will the Minister strongly reaffirm that, even in our exposed post-referendum position, the UK Government will not in future hesitate before we make it plain that we will not stand by when there are such assaults on the liberal international order—rather, we will challenge both the ideology and actions that are illustrated by the orders emerging from the Trump Administration in their very first week?

[Baroness Anelay of St Johns]

My Lords, I believe that both my right honourable friend the Prime Minister and my right honourable friend the Foreign Secretary have made it very clear that they consider that the executive order was wrong and divisive. I think that that covers much of what the noble Baroness has referred to there.

With regard to its impact on people around the world, time will tell, but of course the Foreign and Commonwealth Office and all its personnel around the world stand ready to assist anybody who feels that they may be unsettled or be in any difficulty as a result of any opinions expressed in those countries. The noble Baroness raises an important point on that matter.

The noble Lord, Lord Collins, asked in particular about our view on refugees. For us, the implications are quite simple: we do not resile from any of our undertakings to international law and international humanitarian law. The UNHCR and the IOM remain strong partners for the UK in delivering our humanitarian and development response to the refugee crisis. Of course we will need to wait and understand any impact of US decisions on their operations, but we will look very carefully, and our commitment to them remains.

I was asked why the Prime Minister did not immediately condemn the executive order on Saturday. That was for two reasons, but the prime one was that on Saturday we were waiting to have clarification about the implications for the range of those who carry British passports, and to think before we acted. Also, as my right honourable friend the Prime Minister made clear yesterday, with regard to international relations it is the Foreign Secretary who takes action and with regard to issues of immigration it is the Home Secretary who takes action, and therefore they pursued these matters at the earliest opportunity.

I was asked whether an assessment has been made in the UK about upholding our obligations. As I say, the assessment is that we maintain our obligations on refugees.

I was also asked about those who are legally resident here and whether their ability to travel to the United States has been compromised. The US embassy web page has been updated to clarify that matter, and it says that, additionally, those who have indefinite leave to remain in the United Kingdom and hold nationality of one of these countries are eligible to apply for US visas. So they are eligible to apply for visas.

Clearly, this is a matter where we should work with all our allies, both within the European Union and worldwide, to ensure that all of us understand our duties in international law—and, beyond international law, humanitarian law and our simple duty as humanitarians in these issues.