UK powers to seize phones from migrants without arrest come into force.

New legislation empowering authorities to seize mobile phones from individuals suspected of being illegal migrants, even without formally arresting them, has officially come into effect across the United Kingdom. This significant policy shift, designed to bolster the government’s efforts against illegal immigration, commenced on Monday, with initial operations slated for the Manston migrant processing centre in Kent. The Home Office asserts that these expanded powers are crucial for gathering vital intelligence on the sophisticated smuggling gangs orchestrating perilous small boat crossings across the English Channel, a route that saw a record number of arrivals in the previous year.

Under the new regulations, border force officers and other designated personnel are now authorised to demand that migrants remove outer garments, such as coats, to facilitate searches for hidden mobile devices. Furthermore, officers are permitted to inspect migrants’ mouths for concealed SIM cards, a tactic often employed by individuals attempting to evade detection and maintain communication with illicit networks. The government’s intention is to rapidly extract data from these seized devices using on-site technology at processing centres, with the National Crime Agency (NCA) highlighting that the intelligence gleaned could significantly accelerate investigations into these complex criminal enterprises.

The introduction of these powers marks a substantial departure from previous protocols, which typically required an arrest to precede the lawful seizure of personal property like mobile phones. This change is a key component of the government’s broader strategy to "stop the boats" and disrupt the business model of human traffickers. Border security minister Alex Norris articulated the government’s resolve, stating, "We promised to restore order and control to our borders, which means taking on the people smuggling networks behind this deadly trade. That is exactly why we are implementing robust new laws with powerful offences to intercept, disrupt and dismantle these vile gangs faster than ever before and cut off their supply chains."

However, the new measures have not been met without significant criticism and concern from human rights organisations and refugee advocates. The Refugee Council, a prominent charity supporting refugees and asylum seekers in the UK, urged the government to ensure that the new powers are exercised with strict proportionality. The organisation underscored the critical role mobile phones play as a lifeline for vulnerable individuals, enabling them to maintain contact with family members, access legal advice, and provide evidence for their asylum claims. For many, these devices are the only remaining link to their past lives and the sole means of navigating an often-complex and bewildering asylum process in a foreign country.

Mike Tapp, the minister for migration and citizenship, addressed some of these concerns, acknowledging the potential for seized phones to be returned. He clarified, "If people have devices… that could hold intelligence, then we are right to be able to seize that. But that doesn’t take away compassion." Tapp indicated that the decision to return a device would "depend on the individual circumstances… what’s found on that phone. That’s for the guys on the ground to make that operational decision." This statement, made on BBC Radio 4’s Today programme, attempts to balance the imperatives of security with humanitarian considerations, though critics remain sceptical about the practical implementation of such discretion.

Beyond phone seizures, the new legislation also introduces a raft of new criminal offences designed to target the infrastructure of illegal migration. Perpetrators found guilty of storing or supplying boat engines intended for bringing migrants to the UK could now face severe penalties, including up to 14 years in jail. Similarly, individuals involved in downloading maps detailing departure points for small boats or researching the best places to acquire equipment for dinghies face up to five years in prison. These provisions are aimed at dismantling the supply chains and logistical support networks that facilitate illegal crossings, extending the reach of law enforcement beyond those directly piloting the boats.

Martin Hewitt, who heads the unit tasked with curbing Channel crossings, lauded Monday’s commencement as a "key moment" to further empower authorities in their fight against smugglers. He reported that his unit had achieved more than 4,000 disruptions against smuggling gangs since its inception, including the seizure of illicit cash and the conviction of several key players in these criminal networks. Hewitt’s comments suggest a multi-faceted approach, combining intelligence gathering, direct intervention, and robust legal frameworks to tackle the issue.

The new powers are part of a broader package of reforms spearheaded by Home Secretary Shabana Mahmood, who has also announced plans for "significant changes" to the asylum system. These proposed changes are explicitly designed to deter people from attempting to reach the UK illegally and to streamline the process of deporting those deemed inadmissible. The government’s tough stance comes against a backdrop of escalating Channel crossings; a total of 41,472 migrants successfully crossed the Channel in small boats in 2025, representing a nearly 5,000 increase compared to the preceding year. These figures underscore the persistent challenge faced by the government in controlling its borders and managing migration flows.

The Labour opposition, represented by Shadow Home Secretary Chris Philp, has criticised the government’s approach, dismissing the new measures as "cosmetic tweaks" that fail to provide a genuine deterrent to those crossing the Channel. Philp argued that the Conservative government’s strategy lacks efficacy, especially given the rising numbers of arrivals. He reiterated the Conservatives’ stance that leaving the European Convention on Human Rights (ECHR) is necessary to gain full control over borders, a position Labour has rejected in favour of reforming the treaty from within. "With more than 41,000 people arriving in 2025, the government needs to get a proper grip on the situation," Philp asserted, highlighting the ongoing political debate surrounding the most effective methods to address illegal migration.

The debate over these new powers encapsulates the wider tensions between national security concerns, the imperative to deter illegal immigration, and the protection of human rights. While the government maintains that these measures are essential to combat organised crime and restore border control, critics warn of the potential for disproportionate impact on vulnerable individuals and the erosion of fundamental privacy rights. The operationalisation of these powers will undoubtedly be scrutinised closely by legal experts, human rights groups, and the public as the UK continues to grapple with the complexities of its migration policy.