Putting humanity back into migration law: a call to action during the COVID-19 outbreak by Charlotte Rubin

In March, the PM promised that destitute migrants would receive the necessary accommodation and funding during the coronavirus pandemic. Six weeks later, food banks are struggling to meet demands, asylum seekers are moved out of their flats without warning, and local authorities fail to offer guidance on how to offer shelter to rough sleepers during the crisis.

Under Theresa May’s “hostile environment” rules, individuals without immigration status in the UK do not have access to public funds. The hostile environment prevents them from accessing many benefits, ranging from healthcare to housing to public authority assistance of any kind.

In an open letter to the Government, the Jesuit Refugee Service (JRS) asks the Prime Minister to grant all immigrants who currently do not have status a period of Leave to Remain for the time of the pandemic, to avoid the hostile environment’s detrimental effect on public health. The letter is signed by over 30 organisations and charities who work with asylum seekers, refugees and other individuals with insecure immigration status, including Bail for Immigration Detainees, Women for Refugee Women and many others.

The JRS’ letter asks the PM to “to grant a period of leave to remain, with recourse to public funds and access to the labour market, to all those with insecure immigration status,” stating that “This is a vital step to protect public health during the Covid-19 pandemic. At a time when public health demands that everyone has ready access to housing and healthcare, insecure immigration status acts as a barrier and puts everyone’s health at risk.”

Although the government has made all COVID-19 treatment free of charge irrespective of the patient’s immigration status, many people with precarious status are reluctant to get help. They fear that data-sharing between the NHS and the Home Office, another pillar of the hostile environment policy, will lead to their deportation if they go to the hospital. If they think they might be sick, many migrants prefer staying under the radar so as to avoid the risk of getting into trouble, leading infected people to remain untested and at large.

In order to avoid a crisis of exploitation, destitution and homelessness on top of the coronavirus emergency we are already going through, all migrants should be encouraged to access public funds and especially healthcare.

As charities which normally support vulnerable asylum seekers have been forced to shut down, destitute and vulnerable asylum seekers have been left out in the cold. A #HumaneMigration system including temporary amnesty and leave to remain for migrants who are in the UK during the pandemic is the only viable solution not only to help all the people who are currently slipping through the cracks, but also to limit the spread of the virus in the wider community. Only unprecedented measures can reflect the unprecedented nature of this crisis, and ensure the health and safety of the nation as a whole.







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