The Coalition government has recently proposed a new immigration bill, which controversially proposes a duty on landlords, the NHS and even banks to make “reasonable inquires” regarding an individual’s immigration status. Landlords could be fined of up to £3,000 if they fail to do so. In light of immigration being such a delicate topic, will the bill achieve its purported aim of making Britain a more “hostile” environment to illegal immigrants? Or, will it simply fester a more prominent culture of discrimination and erode our individual rights and liberties?
One concern is how the legislation can work on a practical basis. The Home Secretary Theresa May stated that landlords will only have to ask “some simple questions”. However, it may be unrealistic to expect all landlords to have the capacity or judgement to make the correct reasonable inquires, and the bill contains little guidance as to how to accurately determine a person’s immigration status.
Due to the discretionary nature of the term “reasonable inquiries”, there is also a possibility it will fuel discriminatory practices among private landlords. Because the penalty for inadequate checks is so high, many landlords may not want to take any risks at all and immediately reject anyone they perceive to be an illegal immigrant. Consequently, there is a wide scope for racial profiling, with little safeguarding within the bill to combat this. It seems as though many of those who are most vulnerable to prejudice, are likely to be hit the hardest.
Finally, there have also been arguments that the bill could also be a catalyst for creating a more intrusive society. The legislation seems to carry an underlying presumption that a person is an illegal immigrant, and must show evidence to counter this. It also creates a potentially misleading impression that there a millions of illegal immigrants abusing health, housing and banking services.
In reality, the bill may do much more to disrupt those legally residing here, than those who are not. There have been many previous immigration laws which were promised to have a real impact on curbing illegal immigration, but in practice have had little effect. It is somewhat difficult to imagine that a bill which threatens our privacy and civil liberties will be any different.