Without the UK Border Agency, what will happen to those seeking sanctuary on our shores?

Restructuring the UKBA will not confront its fundamental problems.

 

When David talks about the UK Border Agency a grin brightens his tired face; for him the shambolic organization that has taken nearly four years to decide what to do with him is joke. His eyes light up in disbelief as he describes being flown back from the UK to Democratic Republic of Congo (the country refused to recognize him as a citizen; he is effectively stateless), first class, with four bodyguards. He chuckles sadly: “Like a king. They like to spend money too much.”

David laughs less now. He takes anti-depressants to medicate the reality of being a relatively recent statistic in the UKBA’s immigration backlog. The outsourced security guards wrestling a woman onto a flight; the immigration removal centre roommate hitting his head against a wall, again and again, screaming, “I am not an animal”. The short term deportation holding room “three times the size of a toilet, half an hour outside everyday”. He cannot shake these memories; they rest heavy on his sanity. But insists he will get a final decision on his case, “whether the UKBA likes it or not”.

As of Tuesday the UKBA in the form that David knew it will no longer exist. Theresa May announced in parliament that the organisation will be split in two, and operations brought under the control of Home Office ministers. May said the UKBA was too large, secretive and unaccountable, lacked decent IT operations and struggled to navigate the law.

The announcement came a swift 24 hours after the Home Affairs select committee published a damning report on the UKBA’s operations. Among many other things the committee raised concerns about a backlog of more than 320,000 cases, a 53 per cent rise in the number of refugees waiting more than six months for an initial decision, and 150 boxes found in a room in Liverpool containing thousands of unopened letters from applicants, MPs and lawyers. The report also touched upon the effect of the chaos on human lives; it asked why Capita was paid £2.5m-3m to send people text messages asking them to leave the country. And why did UKBA case workers systematically ignored rule 35, which states staff must act if a person’s health is likely to be “injuriously affected” by detention.

This report is one of many to expose the failings of the UKBA, but how does May’s decision to restructure the agency confront its fundamental problems? Put simply, it does not. The Guardian reports that one senior civil servant told Home Office staff: "Most of us will still be doing the same job in the same place with the same colleagues for the same boss and with the same mission.”

What exactly is the UKBA’s mission? In a memo to its private partners chief executive Rob Whiteman said the mission was to “keep Britain’s streets safe and our borders secure”. Under the new plans there will be two services, he says. One that makes “high-quality decisions” for “business men and visitors” and another that, “gets tough on those who break our immigration laws.”

Should border control really just be about servicing businessman and keeping out “illegals”? What about those legitimately seeking sanctuary on our shores?

As has been stated extensively elsewhere and by May herself there are numerous faults with the current incarnation of the UKBA. But disturbing evidence shows an entrenched culture of disbelief when assessing asylum claims, a disregard of the UK’s need to protect people from torture and wrongful imprisonment.

In March last year the UKBA wrote to the Direction Generale de Migration (DGM), a government department in the Democratic Republic of Congo, inviting officials to visit Britain (all expenses paid) to help “redocument” 80 people held in detention centres in and around London. The interviews would take place over a four day period, with decisions on the nationality given within 24 hours of each interview.

The interviews took place at Brook House and Colnbrook Immigration Removal Centres. Delegates from the Congolese ministry of foreign affairs and DGM asked refused asylum seekers and detainees with spent prison convictions in the UK questions about their parents and other family members. Soon after several migrants and refugees held in British detention centres were deported to the DRC.

The UKBA has done nothing wrong here. This process, where foreign officials interview people who have claimed asylum in the UK, is not unusual even in cases where individuals fear those very governments. However, in the case of the DRC charities and campaigners raised concerns that failed asylum seekers and foreign national prisoners returned from the UK were at risk of torture and unlawful imprisonment on return; the allegation is that the interviews with the DGM in Britain are used to identify these people in advance of their return. Justice First, an NGO, went to the DRC to gather evidence from returnees who reported numerous abuses. The report was published at the end of 2011, the UKBA only got round to responding to it and investigating claims made several months after inviting the members of the DRC government, to identify the people they have been accused of torturing.

Shortly after the interviews, Barnabe Kikaya Bin Karubi, the Congolese ambassador, told an All Party Parliamentary Group in June that all failed asylum seekers would be punished on return to the DRC. According to those who attended the meeting, the ambassador said such people would be “suitably punished on return”. Several MPs intervened appealing to Damian Green, the immigration minister who will now play a major role in delivering the UKBA’s former services. Despite this returns continued. (The UKBA has since conducted a fact finding mission to the DRC and found evidence of torture and the ambassador has retracted his comments).

Jo Wilding, an immigration barrister at Garden Court Chambers, said: “Part of the problem is a culture of disbelief in the UKBA, whereby those making decisions in individual cases start from the assumption that people are lying, then look for the slightest evidence to prove that. If there is a [no] new body making asylum or trafficking decisions or making enforcement decisions, the culture of disbelief, the lack of training and empathy, the failure to properly apply policies are likely to remain exactly the same.”

The disregard shown to allegations of torture and false imprisonment in this case, and cases like that uncovered by Freedom from Torture about abuses in Sri Lanka, will continue even without the existence of the UKBA. In such cases ministers were alerted and failed to act, now those same ministers are in charge.  

 

Refugees celebrating last year's Diamond Jubilee at a party organised by the Refugee Council. Photograph: Getty Images

Rebecca Omonira-Oyekanmi reports and writes on immigration, women and economics, housing, legal aid, and mental health. Read her latest work here. Her blog rebeccaomonira.com was shortlisted for the 2012 Orwell Prize. She tweets @Rebecca_Omonira.

Photo: Getty
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Sean Spicer's Emmys love-in shows how little those with power fear Donald Trump

There's tolerance for Trump and his minions from those who have little to lose from his presidency.

He actually did it. Sean Spicer managed to fritter away any residual fondness anyone had for him (see here, as predicted), by not having the dignity to slip away quietly from public life and instead trying to write off his tenure under Trump as some big joke.

At yesterday’s Emmys, as a chaser to host Stephen Colbert’s jokes about Donald Trump, Sean Spicer rolled onto the stage on his SNL parody podium and declared, “This will be the largest audience to witness an Emmys, period.” Get it? Because the former communications director lied about the Trump inauguration crowd being the largest in history? Hilarious! What is he like? You can’t take him anywhere without him dropping a lie about a grave political matter and insulting the gravity of the moment and the intelligence of the American people and the world. 

Celebs gasped when they saw him come out. The audience rolled in the aisles. I bet the organisers were thrilled. We got a real live enabler, folks!

It is a soul-crushing sign of the times that obvious things need to be constantly re-stated, but re-state them we must, as every day we wake up and another little bit of horror has been prettified with some TV make-up, or flattering glossy magazine profile lighting.

Spicer upheld Trump's lies and dissimulations for months. He repeatedly bullied journalists and promoted White House values of misogyny, racism, and unabashed dishonesty. The fact that he was clearly bad at his job and not slick enough to execute it with polished mendacity doesn't mean he didn't have a choice. Just because he was a joke doesn't mean he's funny.

And yet here we are. The pictures of Spicer's grotesque glee at the Emmy after-party suggested a person who actually can't quite believe it. His face has written upon it the relief and ecstasy of someone who has just realised that not only has he got away with it, he seems to have been rewarded for it.

And it doesn't stop there. The rehabilitation of Sean Spicer doesn't only get to be some high class clown, popping out of the wedding cake on a motorised podium delivering one liners. He also gets invited to Harvard to be a fellow. He gets intellectual gravitas and a social profile.

This isn’t just a moment we roll our eyes at and dismiss as Hollywood japes. Spicer’s celebration gives us a glimpse into post-Trump life. Prepare for not only utter impunity, but a fete.

We don’t even need to look as far as Spicer, Steve Bannon’s normalisation didn’t even wait until he left the White House. We were subjected to so many profiles and breathless fascinations with the dark lord that by the time he left, he was almost banal. Just your run of the mill bar room bore white supremacist who is on talk show Charlie Rose and already hitting the lucrative speaker’s circuit.

You can almost understand and resign yourself to Harvard’s courting of Spicer; it is after all, the seat of the establishment, where this year’s freshman intake is one third legacy, and where Jared Kushner literally paid to play, but Hollywood? The liberal progressive Hollywood that took against Trump from the start? There is something more sinister, more revealing going here. 

The truth is, despite the pearl clutching, there is a great deal of relative tolerance for Trump because power resides in the hands of those who have little to lose from a Trump presidency. There are not enough who are genuinely threatened by him – women, people of colour, immigrants, populating the halls of decision making, to bring the requisite and proportional sense of anger that would have been in the room when the suggestion to “hear me out, Sean Spicer, on SNL’s motorised podium” was made.

Stephen Colbert is woke enough to make a joke at Bill Maher’s use of the N-word, but not so much that he refused to share a stage with Spicer, who worked at the white supremacy head office.

This is the performative half-wokeness of the enablers who smugly have the optics of political correctness down, but never really internalised its values. The awkward knot at the heart of the Trump calamity is that of casual liberal complicity. The elephant in the room is the fact that the country is a most imperfect democracy, where people voted for Trump but the skew of power and capital in society, towards the male and the white and the immune, elevated him to the candidacy in the first place.

Yes he had the money, but throw in some star quality and a bit of novelty, and you’re all set. In a way what really is working against Hillary Clinton’s book tour, where some are constantly asking that she just go away, is that she’s old hat and kind of boring in a world where attention spans are the length of another ridiculous Trump tweet.

Preaching the merits of competence and centrism in a pantsuit? Yawn. You’re competing for attention with a White House that is a revolving door of volatile man-children. Trump just retweeted a video mock up where he knocks you over with a golf ball, Hillary. What have you got to say about that? Bet you haven’t got a nifty Vaclav Havel quote to cover this political badinage.

This is how Trump continues to hold the political culture of the country hostage, by being ultra-present and yet also totally irrelevant to the more prosaic business of nation building. It is a hack that goes to the heart of, as Hillary's new book puts it, What Happened.

The Trump phenomenon is hardwired into the American DNA. Once your name becomes recognisable you’re a Name. Once you’ve done a thing you are a Thing. It doesn’t matter what you’re known for or what you’ve done.

It is the utter complacency of the establishment and its pathetic default setting that is in thrall to any mediocre male who, down to a combination of privilege and happenstance, ended up with some media profile. That is the currency that got Trump into the White House, and it is the currency that will keep him there. As Spicer’s Emmy celebration proves, What Happened is still happening.