Amnesty for Undocumented Migrants

Tom Hunt Excerpts

Monday 19th July 2021 Westminster Hall

[Stewart Hosie (in the Chair)]

Hon. Members should be aware that social distancing is no longer in operation, but I remind you that Mr Speaker has encouraged us to wear masks. I also remind Members participating physically and virtually that they must arrive for the start of Westminster Hall debates, and Members are expected to remain for the entire debate. Members participating virtually should leave their cameras on for the duration of the debate and must be visible at all times, both to each other and to us in the Boothroyd Room. If Members attending virtually have any technical problems, they should email the Westminster Hall clerks at westminsterhallclerks@ parliament.uk. Members attending physically should clean their spaces before they use them and as they leave the room.

[Tom Hunt (Ipswich) (Con)]

I beg to move,

That this House has considered e-petition 567681, relating to an amnesty for undocumented migrants.

It is a pleasure to serve under your chairmanship, Mr Hosie. The petition calls on the Government to

“grant an urgent Amnesty to Undocumented Migrants living in the UK.”

It attracted 103,440 signatures, and I thank each and every one of those people for participating in our democracy by signing the petition, which has led us to debate this very important issue.

It is clear that covid-19 has added a bit of impetus to the decision to sign the petition. There has been concern about the ability of undocumented migrants to get access to a vaccine, which is of benefit both to them and to the wider society, because we know that people are less likely to transmit the virus when they have had the vaccine. That seems to have given the petition a bit of added impetus, because having an unstable existence is made even more challenging through covid-19. As for many things, covid-19 has made a challenging situation more challenging, so I can understand the decision of 103,440 people to sign the petition.

In terms of what the petition calls for, it is as simple as granting an amnesty to all undocumented migrants living in the UK, except those who have a criminal record. The petition was quite clear that if someone has a criminal record, they should not be the beneficiary of the proposed amnesty, but I have to say that there is not much more detail than that. I assume that the petitioners want to treat every undocumented migrant the same, regardless of whether they are someone who has been living here for over 10 years and who has put down extensive family roots, or somebody who, quite frankly, arrived here last weekend on a dinghy from Calais. That is something that the petition is missing, because there is no clarity. I can only assume that the petition is essentially referring to every single undocumented migrant. I also assume that it would be a one-off amnesty for all undocumented migrants, but I am unsure about whether the petitioners wish it to be something that happens routinely—for example, every five or 10 years. That is also not clear. What is clear is the desire to regularise the status of all undocumented migrants, which is what we will be debating today.

The arguments in favour of the petition are clear. There are many individuals and families who have come here as undocumented migrants. Some may have come illegally in the first instance. Some may have come here legally, but the legal time that they are allowed to be here has expired and they are looking to regularise their position. It is a combination of both of those. However, there are many who are making a positive contribution to our country in difficult circumstances. At the moment, it is a very challenging situation for them.

There is also an argument that, by regularising their status, it actually leads to their paying more taxes, which is beneficial to the taxpayer. I have some sympathy with the argument that says we should treat people a bit differently if they have been here for 10 or 12 years and have put down extensive family roots. Is it really realistic, or likely, that the Government will deport migrants at that stage? It is incredibly unlikely. If we are of the view that it is incredibly unlikely that we are ever going to deport migrants in those circumstances, there does seem to be a strong argument that we should regularise their status, and perhaps an argument could be made for an amnesty. However, in terms of the arguments against, and in relation to the petition, I simply cannot support treating a family who may have been here for more than 10 years the same as somebody who came here last weekend in a dinghy.

We also cannot make assumptions about every single person who is in the undocumented migrant category. The reality is that there will be some people who have come into this country through an illegal route. We do not know whether they are genuine refugees; it is impossible to know whether all of them will be. Among them there will be some economic migrants, so ultimately those individuals would likely be the beneficiaries of the blanket move as suggested by the petition. That is something that I cannot support.

If we were to support a blanket amnesty for every single undocumented migrant, it would be impossible to sustain that position while at the same time not being in favour of open borders. I find it very difficult to understand how you could support an amnesty—and potentially have one regularly, every five or six years—and not support open borders. As a Member of Parliament of this country, I would never support open borders. It would put unsustainable amounts of pressure on our public services. There would be all sorts of problems with social integration if migration was unmanaged to that extent. It would also limit our country’s ability to show compassion towards the most genuine refugees and to have a laws-based, rules-based immigration system that allows us to welcome the brightest and the best who want to come to this country to make a positive contribution. More to the point, it would be a slap in the face for all of those people who have moved to this country legally and who have followed the—often cumbersome—rules. They have followed them. They have done their side of the bargain. They have moved here legally. This would be a slap in the face to them.

[Anne McLaughlin (Glasgow North East) (SNP)]

Does the hon. Member know that a lot of the people that we are talking about, undocumented migrants, have come here legally? They are undocumented not through any fault of their own. Does he accept that?

--- Later in debate ---

[Tom Hunt]

With the greatest respect to the hon. Member, I did make the point that the proposal would apply both to those who may have entered the country illegally and to those who may have entered legally but for a fixed period of time that has expired. Yes, it is a mixture. That is why I am against a blanket amnesty. It would be a significant movement away from the case-by-case approach that the Government are currently taking, which takes into account the differences between cases and the nuances of different circumstances. An amnesty would not do that.

Yes, some of the individuals who would benefit from an amnesty would be those who came here legally but whose time has expired, who are struggling with the process, who have been here for 10 years and who are making a positive contribution. However, it would also include those people who have shunned the laws of our country, who have deliberately come here illegally and who, frankly, have no more right to be here than the families or individuals who are patiently waiting to come here legally. That is the reality of the situation.

We are also talking at a time when the Government are dealing with the significant challenge of the illegal crossings from Calais—

[Anne McLaughlin]

Will the hon. Member take an intervention on that?

[Tom Hunt]

No, I am not going to take another intervention. That is a situation in which individuals, regardless of their circumstances, are knowingly deciding not to engage with the legal process for claiming asylum or to immigrate here in a legal way, but to shun that legal approach and come here in an illegal manner. The danger of a blanket amnesty is that it would send out a message to all of those people who come over illegally and fuel an evil trade in human lives. It would potentially make the situation a lot worse. The money fuelling this evil trade in human lives would increase and potentially more lives would be put at risk, because if we adopted a position such as the one set out in the petition, which is very close to an open borders immigration policy, essentially the message would be: “Once you’re in, you’re in. So get over here, ignore the processes, because it’s worth the risk”. The risk is very real; it could lead to the loss of lives.

[Anne McLaughlin]

Would the hon. Member be surprised to hear then that his own Prime Minister has toyed with the idea of exactly what is being called for in this petition—an amnesty for anybody who has been here for a certain period of time? The Prime Minister has also talked about it recently.

[Tom Hunt]

With the greatest of respect, if the hon. Member has read the motion in the petition, she will see that that is not what this petition is calling for. It mentions nothing about being here for 10 years. Essentially, it is a blanket amnesty for every single undocumented migrant. People across the political spectrum have floated and supported the idea of a limited amnesty targeted at those who have been here, say, for over 10 years. As I said earlier in my speech, I believe there are some merits in those arguments.

However, this petition is not calling for such an amnesty; it is calling for a situation that sits very closely to an open border policy, in my view. I think it would lead to chaotic results, unintended consequences, unsustainable pressure on public services, problems with social integration and, as I also said earlier, it would limit our capacity to promote a compassionate, generous, rules-based immigration system and approach to refugee resettlement, which could benefit this country and which, I believe, is supported by the majority of people in this country.

That is sort of the wider picture. Of course there will be examples of where the status quo fails individuals and individual families, and we need to work with that system to improve its efficiency and how quickly it deals with these cases, so that it can turn them around as quickly as possible and get people the outcome they need as soon as possible, so that they can plan their lives with certainty. Of course, that is something that I support.

However, the current Government position is that if someone has been in the country for a long period of time, there are opportunities to regularise their status. Nevertheless, I think it is appropriate and fair that that is done on a case-by-case basis, because we cannot make huge generalisations with regard to those who come under the category that we are talking about today, because the motors vary and the circumstances vary enormously.

In conclusion, although I sympathise with the reasons why people have signed this petition and their concern about the circumstances that many people face at the moment, the petition is not focused enough in what it is calling for. To me, it is calling for a blanket amnesty for every single person, many of whom have come here illegally and shunned the legal process. It would be a slap in the face for those who have come here legally, and there would be serious unintended consequences.

If the hon. Members taking part in this debate believe in this petition as it stands, they should run with that policy in a manifesto in a general election. There would be a resounding answer from the British people, namely that they would not support this proposal. The vast majority of people in this country see the benefits of immigration and are compassionate towards refugees, but they want a rules-based system and this petition would fly in the face of that.

For all those reasons, I would be unable to support this petition, but I am glad that this subject will have a good airing today. Having looked at the call list, I predict that perhaps we will hear some arguments being raised that are different to those I have raised. There probably will not be much reiteration of the arguments I have just made, until perhaps the end of the debate.

[Stewart Hosie (in the Chair)]

I will put on an informal time limit of five minutes at the moment and we will see where we get to with that.

--- Later in debate ---

[Tom Hunt]

Thank you very much, Mr Hosie, for chairing this debate so expertly. I thank the Minister for his response and every other participant for making this debate pretty well-tempered and balanced.

[Anne McLaughlin]

So far.

[Tom Hunt]

The hon. Lady should not worry. As I was saying, it has been a pretty balanced debate in which we have heard both sides of the argument. I also think that there is a shared concern for the individuals in question. However, this is a very complicated issue, with unintended consequences.

It seems to me that very few Members agreed with the petition’s call for pretty much a blanket amnesty for every single undocumented migrant. However, I think there is space somewhere for a very important debate about how we can potentially do something in this area.

Obviously, one of the real concerns is what amnesties might mean in terms of encouraging future illegal crossings. In some respects, if the Opposition supported the Bill going through Parliament today and if that Bill were enacted, as I hope it will be, they might think that the public were in a much better place to have a debate about a reasoned amnesty and pathway for citizenship because there would be public confidence that, in doing so, we were not fuelling illegal crossings from the continent. That may be, at some point, where we get to: if there is confidence that we have a rules-based immigration system and we are confident that we are in a better position to tackle illegal crossings and make determinations about the people who aspire to live in our country, perhaps at that point we could have that important debate about amnesties.

Actually, there are some shortcomings when it comes to an amnesty for those who have been here for over 10 years. I said that I saw some of the arguments in favour of that, but it is a complicated issue.

Clearly, though, this has been a productive debate. This issue needs to be debated much further; I am sure that it will be. Again, I thank the more than 100,000 people who signed the petition. Hopefully, they will feel that, at the very least, the issue—in a general sense—has had a good airing and been thoroughly debated today.

Question put and agreed to.

Resolved,

That this House has considered e-petition 567681, relating to an amnesty for undocumented migrants.