Last amended by Border Security, Asylum and Immigration Act 2025 in 2025. Repealed most of the Illegal Migration Act 2023 — including the s.2 duty to remove and the mandatory-inadmissibility scheme — retaining only ss.12, 29, 52, 59, 60 and 62, and replacing some search/seizure powers with broader equivalents.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Illegal Migration Act 2023 was enacted to deter unauthorised small-boat crossings by placing a duty on the Home Secretary to remove almost everyone who arrived in the UK by an irregular route, and by sharply restricting their ability to claim asylum, to rely on modern slavery protections, or to challenge removal. Most of its central provisions — including the s.2 duty to remove and the mandatory-inadmissibility scheme that underpinned the Rwanda partnership — were never fully commenced. They were repealed by the Border Security, Asylum and Immigration Act 2025, which also repealed the Safety of Rwanda (Asylum and Immigration) Act 2024. Only a handful of sections survive in force, including s.12 (period of detention), s.29 (disapplication of modern slavery provisions), s.59 (inadmissibility of certain asylum and human rights claims), s.60 (cap on safe and legal routes) and s.62 (credibility where information is concealed).
Key Points
- Originally imposed a duty on the Home Secretary to remove most people who arrived by an irregular route (s.2) — repealed before full commencement by the Border Security, Asylum and Immigration Act 2025
- The mandatory-inadmissibility scheme that supported relocation to Rwanda was repealed in 2025, together with the Safety of Rwanda (Asylum and Immigration) Act 2024
- Section 12 (the period for which a person may be detained) remains in force
- Section 29 (disapplication of certain modern slavery protections for specified individuals) remains in force
- Sections 59-60 (inadmissibility of asylum/human rights claims from listed states, and a cap on safe and legal routes) remain in force
- Section 62 (adverse credibility findings where a claimant conceals information) remains in force
Parts & Sections
Amendments History
2025 — Border Security, Asylum and Immigration Act 2025
Repealed most of the Illegal Migration Act 2023 — including the s.2 duty to remove and the mandatory-inadmissibility scheme — retaining only ss.12, 29, 52, 59, 60 and 62, and replacing some search/seizure powers with broader equivalents.
2024 — Safety of Rwanda (Asylum and Immigration) Act 2024
Built on the Act's removal scheme to facilitate relocations to Rwanda; itself repealed by the Border Security, Asylum and Immigration Act 2025.
Frequently asked questions
- What was the main purpose of the Illegal Migration Act 2023?
- The Illegal Migration Act 2023 was enacted to deter unauthorised small-boat crossings. It aimed to place a duty on the Home Secretary to remove almost everyone who arrived in the UK by an irregular route. It also sought to sharply restrict the ability of these individuals to claim asylum, rely on modern slavery protections, or challenge their removal.
- What happened to the main removal provisions of the Illegal Migration Act?
- Most of the Act's central provisions, including the duty to remove and the mandatory-inadmissibility scheme, were never fully commenced. They were repealed by the Border Security, Asylum and Immigration Act 2025. This 2025 Act also repealed the Safety of Rwanda (Asylum and Immigration) Act 2024, which had supported relocation to Rwanda.
- Which parts of the Illegal Migration Act 2023 are still in force?
- Several sections remain in force, including section 12 regarding the period of detention, section 29 on the disapplication of modern slavery provisions, and sections 59 and 60 concerning inadmissibility of certain claims and caps on safe routes. Section 62, which allows adverse credibility findings where information is concealed, also remains active.
- What does section 12 of the Act say about detention?
- Section 12 provides for the period of immigration detention and specifies the point at which release on bail becomes available. This section remains in force following the repeal of other parts of the Act by the Border Security, Asylum and Immigration Act 2025.
- How does the Act affect asylum claims from certain countries?
- Section 59 treats asylum and human rights claims from nationals of listed safe states as inadmissible. Section 60 requires an annual cap, set by regulations after consultation with local authorities, on the number of people admitted through safe and legal routes. Both sections remain in force.