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.

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No, identity politics is not to blame for the failures of the left

This is no time to back away from our commitment to women’s rights, racial justice and sexual equality.

In these troubled times, it's good to know that moderate conservatives, anxious liberals and even your neighbourhood Trotskyist uncle can come together against the common enemy: students. Prissy, stuck-up students, with their trigger warnings and political correctness and highfalutin ideas about racial justice. It must be their fault. Forget the gurning neo-fascists goose-stepping into power across the globe, it's the students who are the real enemy. If they hadn't been so hung-up on identity politics, we wouldn't be staring into this abyss. You know I'm right.

That was me being sarcastic. The reason I need to point that out is that on or around 9 November 2016, the age of irony gave way to a new one of deadpan sincerity. It happened at some point between the election of an orange billionaire tycoon to the White House and authorities condemning Native American protesters at Standing Rock under the outgoing administration. So, unfortunately, I must be clear: no, I don't think that “identity politics” is the greatest threat to western civilisation. Some people, however, really do, and are at pains to point out that this geopolitical disaster could have been avoided if we had all been less precious about gay rights and women's rights and black lives and concentrated on the issues that matter to real people. Real people meaning, of course, people who aren't female, or queer, or brown, or from another country. You know, the people who really matter.

In the wake of successive victories for the venal far-right, commentators from all sides of the self-satisfied, chin-stroking debate school are blaming “identity politics” for the disaster on our doorsteps. What they seem to mean by this is “politics that matter to people who aren't white men in rural towns”. I have always thought of that simply as politics, but according to Mark Lilla, writing in the New York Times, I was mistaken. Diversity, Lilla writes, is:

“A splendid principle of moral pedagogy  but disastrous as a foundation for democratic politics in our ideological age. In recent years American liberalism has slipped into a kind of moral panic about racial, gender and sexual identity that has distorted liberalism’s message and prevented it from becoming a unifying force capable of governing.”

This is an idea that has remarkable staying power across a fractious and divided left: the idea that issues of race, gender and sexuality are at best a distraction from class politics, and at worst a bourgeois tendency that will be destroyed after the revolution. The logic is that by focusing on issues of social justice, the political class has abandoned “real” working people to economic hardship.

This notion is horribly wrong, and the worst thing is that it's wrong in the right direction, a train of thought that stays safely on track right until it slams into the hoardings next to the station. The political class has indeed rolled over and let kamikaze capitalism wreck the lives of working people around the world. Identity politics, however, has little to do with that cowardice. That the two are now yoked together in the popular imagination is something the left must answer for.

All politics are identity politics, but some identities are more politicised than others. The notion that the politics of identity and belonging have been allowed to overwhelm seemingly intractable issues of class, power and poverty is, in fact, entirely correct  but this is not a problem for the traditional left. It is a problem for the traditional right, which has pursued a divide-and-conquer strategy for centuries, pitting white workers against black and brown workers, men against women, native-born citizens against foreigners in a hierarchy of victimhood that diverts energy and anger away from the vested interests bankrolling the entire scheme.

As journalist Michelle Garcia noted, responding to Lilla in the New York Times:

 “The attack on political correctness fits within the brand of identity politics Donald Trump exploited during his campaign. Mr Trump's victory relied on fusing a culture of racism and sexism with economic anxieties and the backlash against neoliberalism.”

It's a shell-game. A con. It did not start with Donald Trump, but the real-estate mogul and social media tantrum-artist has taken it to its logical conclusion. The president-elect and his fellow travellers and sugar daddies have committed political fraud against the entire western world. They have compounded it – as all good fraudsters do – by making us believe that it was our fault for being so naive in the first place.

It is, to some extent, reassuring to believe that it’s all our fault. If it’s all our fault for being too politically-correct, too committed to “diversity”  if it were liberals and leftists who messed up by listening to these whining hippies with their patchouli-scented ideals of fairness and tolerance and police not shooting young black men dead for no reason  we might have to face the much scarier notion that what’s happening is, in fact, beyond our control. Instead, those who should know better are encouraging the most vulnerable to throw themselves under the bus for the greater good. This is not just offensive. It is also stupid.

The truth is that social justice and economic justice are not mutually exclusive. Those who would sacrifice one for the other will end up with neither, which is of course what the unscrupulous narcissists manspreading at the gates of power are counting on. The mainstream political left has, for generations, been unable to answer the core economic issues that  shocking, I know, but hear me out  affect the lives of all human beings, of every race, gender and background. For generations, in the face of late capitalist hegemony, all it could realistically achieve was to tweak the system incrementally, making things a little fairer for individual groups, without challenging the structural inequalities that created the injustice in the first place. This must change, and soon. Not just because of “fine moral principles”. Trying to fix economic policy without tackling structural inequality is not just morally misguided  it is intellectually bankrupt.

Race, gender and identity are not side issues in the current crisis. On the contrary. Capitalism has always divided its labour supply along lines of race and gender, ensuring that in times of unrest, we don't start burning our looms  far safer for us to set fire to one other. All politics are identity politics, and this is no time to back away from our commitment to women’s rights, racial justice and sexual equality. This is when we double down. The fight against the corporate neo-fascism funnelling out of every television set is not a fight that can be won if liberals, leftists and social justice campaigners turn on one another. It is a fight that we will win together, or not at all.

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.