Sentencing: Undocumented Migrants

(asked on 2nd December 2025) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what recent assessment she has made of the potential impact of sentencing on deterring illegal entry into the UK.


Answered by
Alex Norris Portrait
Alex Norris
Minister of State (Home Office)
This question was answered on 11th December 2025

We are tackling the criminal gangs abusing our borders and putting lives at risk, working closely with law enforcement and international partners to ensure they have the funding, tools and expertise necessary.

The Home Office will seek to prosecute immigration offences wherever there is sufficient evidence to do so. Cases are then referred to the Crown Prosecution Service (CPS) where a decision on whether to prosecute is made. This decision is dependent upon the CPS’ assessment of the available evidence and whether or not it passes the CPS’ own public interest test.

Statistics published 27 November on GOV.UKshow there has been a 33% surge in people smuggling arrests, convictions and seizures of criminal cash and assets over the last 12 months.

The Border Security, Asylum and Immigration Act 2025 strengthens law enforcement agencies’ capabilities to tackle organised immigration crime and deter illegal migration. These powers will, for example, make it a criminal offence to put lives in danger during a small boat crossing with offenders facing up to 6 years in prison. The Act's impact assessment analyses how enhanced sentencing powers and new offences are expected to disrupt organised immigration crime, making smuggling operations riskier and less profitable.

The CPS has welcomed the package of new offences as it equips prosecutors with another tool to fight organised immigration crime, especially those involving dangerous Channel crossings.

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