Recent Changes to US Immigration Policy

Baroness Smith of Newnham Excerpts

Monday 30th January 2017 Lords Chamber

[Baroness Anelay of St Johns]

I can assure my noble friend that that is the position as we understand it, as it is the existing direction given to those who carry out the checks. The FCO website says:

“The only dual nationals who might have extra checks are those coming from one of the 7 countries themselves – for example a UK-Libya dual national coming from Libya to the US”.


This was merely a caveat; a slight warning that there is likely to be longer queues for those going into the US. All of us who have travelled to the United States know how long those queues can be. It is just a cautionary matter in an evolving and confusing time at the US end. There will still be time for this to work through. Of course, this is only for a 90-day period, subject to evaluation, and we understand that there are legal challenges in some US states.

[Baroness Smith of Newnham (LD)]

My Lords, before she went to Washington, the Prime Minister suggested that she was going to “speak truth to Trump”. At the press conference on Friday, it appeared that she may have made some progress on NATO and torture, yet her response to the executive orders was that the United States was responsible for its policy on refugees. Does the Prime Minister understand that there is a difference between refugee policy and immigration policy? Can we call on the Minister to ask the Prime Minister to tell the President of the United States that his action is in breach of international law? The Foreign Secretary telling Members of the House of Commons about the rights of UK nationals is one thing, but if anything is speaking “truth to Trump”, it is saying that this policy on refugees is morally abhorrent and illegal.

[Baroness Anelay of St Johns]

My Lords, as I have already mentioned, my right honourable friend the Prime Minister has made it clear that this policy is wrong and is not one that we would adopt. But, clearly, Governments make policy. We did not make this one and, as I have said, we would not make it. We could not make that clearer to President Trump if we tried. The whole issue of international law is a matter for lawyers to construe. I am sure that we and all the members of the United Nations will work on this issue to see whether it is compatible with international law, as the noble Lord, Lord Hannay, raised.