Immigration enforcement: Letter from Social Justice Secretary to Home Secretary

To: Home Secretary James Cleverly

From: Cabinet Secretary for Social Justice Shirley-Anne Somerville

I wrote to you on 7 May outlining the Scottish Government’s strong concerns about the immigration enforcement operation that begun in Scotland on Monday 29 April 2024.

In that letter I sought confirmation that there would be no immigration enforcement operations which involve going into communities in Scotland to remove people from their homes. I also asked for information on: the cohort you are targeting in Scotland; the numbers of people resident in Scotland who have already been detained; and how many people you plan to detain.

I have not yet received a reply to my original letter.   

I have now been contacted by Anne McLaughlin MP for Glasgow North East who has informed me that one of her constituents has been detained as part of the recent immigration enforcement activity. It is clear therefore that individuals resident in Scotland have been detained as part of this process and communities across Scotland have been placed under stress.

This situation is intolerable both for the individuals concerned and for the wider community. It is essential that the UK Government respects the rights of individuals, including their ability to access advice and support. It is vital that individuals can continue to access legal advice and action is taken to ensure that moving individuals from Scotland to detention centres in England does not disrupt their access to legal advice. I am also concerned about the impact of this action on communities across Scotland and on the organisations that are working to support those communities.

The Scottish Government has been clear in its opposition to the Rwanda policy since it was announced in 2022.  The UK Government Treaty with Rwanda and the Safety of Rwanda Act abdicate the UK’s moral and international responsibilities to recognise and support refugees.  People should be able to make a claim for asylum with full and fair consideration by the Home Office and, if successful be supported to rebuild their lives as refugees in the UK. The Scottish Government is not convinced that the plan to relocate people to Rwanda will have the deterrent effect sought by UK Government Ministers and it does further damage to the UK’s reputation by undermining international protection.  

I recognise that immigration enforcement and detention is a reserved issue but the Scottish Government is responsible for community safety and wellbeing in Scotland. The action that the Home Office has taken is not in line with the values of the people of Scotland. It is right that immigration is controlled and we recognise the need for enforcement. However, targeting vulnerable individuals seeking refuge is not about safeguarding our communities instead it is causing anxiety and distress.

I would welcome an urgent discussion to clarify what action the UK Government is planning to take to reassure communities; how they are safeguarding the rights of individuals and confirmation that no further action is planned to detain people resident in Scotland for potential removal to Rwanda.