Migrants who crossed the English Channel have been detained for deportation to France under the new “one in, one out” deal.
The Home Office said detentions began at Wednesday lunchtime, and those people will be held in immigration removal centres pending their return in the coming weeks.
It comes after pictures showed people on small boats headed for the UK yesterday, the day the pilot scheme came into force.
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It isn’t known how many of these were detained. The government said it regards such details as operational information, which could be exploited by criminal gangs.
However, it said numbers would be disclosed retrospectively “to ensure transparency around the results of the scheme”.
Prime Minister Sir Keir Starmer wrote on the X social media platform: “We have detained the first illegal migrants under our new deal before returning them to France.
“No gimmicks, just results. If you break the law to enter this country, you will face being sent back.
“When I say I will stop at nothing to secure our borders, I mean it.”
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Under the scheme, which will run as a pilot until June 2026, the UK can send adults and accompanied minors who arrive by small boat back to France.
In exchange, the UK will allow an approved asylum seeker in France to be brought here via a safe and legal route – as long as they have not previously tried to enter illegally.
Home Office officials aim to make referrals for returns to France within three days of a migrant’s arrival by small boat, while French authorities will respond within 14 days.
Ministers have rejected criticism that the deal contains a human rights “loophole” that could allow migrants to avoid deportation.
The treaty contains a clause that says in order for people to be returned, the UK must confirm they do not have an “outstanding human rights claim”.
Image:
Migrants are brought in to the Border Force compound in Dover, Kent, Pic: PA
Legal challenges will be ‘robustly defended’
Shadow home secretary Chris Philp claimed this will result in “endless legal wrangling” because people will make up human rights claims to frustrate deportation attempts.
Culture Secretary Lisa Nandy denied this was the case on Wednesday, telling Sky News people with outstanding human rights claims can have them heard in France.
However her statement caused confusion as she went onto say that migrants chosen for removal will try to “frustrate the process” in the UK courts.
Home Office sources insisted that people with human rights claims certified as “clearly unfounded” by the Home Office can be removed with no right to appeal. Certification can be challenged through judicial reviews remotely, and officials are preparing for these to be heard by UK courts in France.
Home Secretary Yvette Cooper said the government would “robustly defend against any legal challenge that people try”, and she expects returns to start “in a matter of weeks”.
She added: “No one should be in any doubt. Anyone who arrives from now on is eligible for immediate detention and return, and this pilot will now build because we are determined that no one should be making this journey.”
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10:52
‘No loophole’ in UK-France migrant deal
The detentions will go alongside a campaign warning migrants in northern France not to risk their money by making the journey across the Channel.
Sky News understands that leaflets will be handed out to migrants in French camps, setting out what the deal is and the risk of people crossing the Channel only to end up back in France.
The government is under pressure for the scheme to work as it has presided over record high numbers of Channel crossings, despite a promise in the Labour manifesto to “smash the gangs”.
Reports have suggested that about 50 people a week could be sent to France initially – a small number compared to the 800 people every week on average who have arrived in the UK via small boats this year.
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1:08
‘One in, one out’ deal: What do we know?
Ministers have previously said the scheme, announced last month, will start off small and grow, but that it is not a “silver bullet” and will go alongside other measures, such as a crackdown on illegal working.
The application process for those in France hoping to apply to come to the UK has now also been launched.
They will have to meet suitability criteria, the standard visa application process, and security checks.
If accepted, they would be given three months in the UK to claim asylum or apply for a visa, and would be subject to the same rules for all asylum seekers, not allowed to work, study or have access to benefits.