Overviewing the Immigration Act 2016: Paper One

Author: Dr Leander Neckles

Briefing series: Immigration Act

Publisher: Race Equality Foundation

Publication date: May 2016

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This paper overviews and identifies key changes introduced by the Immigration Act 2016.
Our paper draws on the Government’s own analysis, provides an important critique of the
2016 Act and explains how it builds on the Immigration Act 2014 and previous legislative
provisions. It explains why the Race Equality Foundation, and a wide spectrum of other
organisations across the public sector, the voluntary sector and wider civil society (see
appendix 2), continue to express serious equalities, human rights and wide-ranging practical
concerns about both the Immigration Act 2014 and the Immigration Act 2016. Three
appendices provide supporting information. Appendix 1 identifies key resources published
by the Government on the 2016 Act. Appendix 2 identifies other sources of information on,
and critiques of, the 2016 Act by civil society organisations. Appendix 3 lists the various
parts, chapters and sections of the 2016 Act. We will provide an additional paper on the
2016 Act (paper two), during June. That paper will focus on some of the key provisions
within the 2016 Act which raise particular concerns, namely:
 the new offences in relation to illegal working; 1
 the new criminal offences related to leasing residential properties;
 the extensive enforcement powers for immigration officers and others especially those
in relation to stop, search and seizure;
 the changes to support for certain categories of migrants which have potentially
disastrous implications for families and care leavers;

This paper overviews and identifies key changes introduced by the Immigration Act 2016.


Our paper draws on the Government’s own analysis, provides an important critique of the


2016 Act and explains how it builds on the Immigration Act 2014 and previous legislative


provisions. It explains why the Race Equality Foundation, and a wide spectrum of other


organisations across the public sector, the voluntary sector and wider civil society (see


appendix 2), continue to express serious equalities, human rights and wide-ranging practical


concerns about both the Immigration Act 2014 and the Immigration Act 2016. Three


appendices provide supporting information. Appendix 1 identifies key resources published


by the Government on the 2016 Act. Appendix 2 identifies other sources of information on,


and critiques of, the 2016 Act by civil society organisations. Appendix 3 lists the various


parts, chapters and sections of the 2016 Act. We will provide an additional paper on the


2016 Act (paper two), during June. That paper will focus on some of the key provisions


within the 2016 Act which raise particular concerns, namely:


 the new offences in relation to illegal working; 1


 the new criminal offences related to leasing residential properties;


 the extensive enforcement powers for immigration officers and others especially those


in relation to stop, search and seizure;


 the changes to support for certain categories of migrants which have potentially


disastrous implications for families and care leavers;


During 2015 and 2016, we reported on the new Immigration Bill 2015/16 first published on 17/9/15. We also reported on the separate, but associated, proposals for extending charging for NHS services for certain groups of migrants and overseas visitors. We said that the proposals, if implemented, were likely to encourage the hostility, racism, discrimination,  exploitation and serious human rights breaches too often faced by refugees, asylum seekers and the UK’s Black and Minority Ethnic (BME) communities. Equally important, we also argued that the proposals would do nothing to reduce or address the ongoing and increasing humanitarian refugee and migrant crisisWe have produced a series of briefings on the Immigration Act 2016 and our concerns.

This briefing 'Overviewing the Immigration Act' (1):

  • updates readers on the final shape of what is now the Immigration Act 2016;
  • explains why we, the wide range of other organisations, continue to voice serious equalities, human rights and practical concerns about the 2016 Act;
  • explains how the new Act’s provisions build on those contained within the Immigration Act 2014 and previous legislative provisions.
Our paper draws on the Government’s own analysis, provides an important critique of the
2016 Act and explains how it builds on the Immigration Act 2014 and previous legislative
provisions. It explains why the Race Equality Foundation, and a wide spectrum of other
organisations across the public sector, the voluntary sector and wider civil society (see
appendix 2), continue to express serious equalities, human rights and wide-ranging practical
concerns about both the Immigration Act 2014 and the Immigration Act 2016. Three
appendices provide supporting information. Appendix 1 identifies key resources published
by the Government on the 2016 Act. Appendix 2 identifies other sources of information on,
and critiques of, the 2016 Act by civil society organisations. Appendix 3 lists the various
parts, chapters and sections of the 2016 Act. We will provide an additional paper on the
2016 Act (paper two), during June. That paper will focus on some of the key provisions
within the 2016 Act which raise particular concerns, namely:
 the new offences in relation to illegal working;1
 the new criminal offences related to leasing residential properties;
 the extensive enforcement powers for immigration officers and others especially those
in relation to stop, search and seizure;
 the changes to support for certain categories of migrants which have potentially
disastrous implications for families and care leavers;
 the new English language ‘fluency’ requirements for public sector workers.This paper overviews and identifies key changes introduced by the Immigration Act 2016.
Our paper draws on the Government’s own analysis, provides an important critique of the
2016 Act and explains how it builds on the Immigration Act 2014 and previous legislative
provisions. It explains why the Race Equality Foundation, and a wide spectrum of other
organisations across the public sector, the voluntary sector and wider civil society (see
appendix 2), continue to express serious equalities, human rights and wide-ranging practical
concerns about both the Immigration Act 2014 and the Immigration Act 2016. Three
appendices provide supporting information. Appendix 1 identifies key resources published
by the Government on the 2016 Act. Appendix 2 identifies other sources of information on,
and critiques of, the 2016 Act by civil society organisations. Appendix 3 lists the various
parts, chapters and sections of the 2016 Act. We will provide an additional paper on the
2016 Act (paper two), during June. That paper will focus on some of the key provisions
within the 2016 Act which raise particular concerns, namely:
 the new offences in relation to illegal working;1
 the new criminal offences related to leasing residential properties;
 the extensive enforcement powers for immigration officers and others especially those
in relation to stop, search and seizure;
 the changes to support for certain categories of migrants which have potentially
disastrous implications for families and care leavers;
 the new English language ‘fluency’ requirements for public sector workers.