New powers to seize phones from migrants come into force

New powers allowing law enforcement to seize mobile phones from migrants without an arrest have come into effect today, Monday, 5 January 2026.

The Home Office confirmed that seizures have already begun at the Manston migrant processing centre in Kent. The site has been equipped with technology that allows officers to download data from devices immediately, a move designed to help the Border Security Command and the National Crime Agency (NCA) gather intelligence on the criminal gangs coordinating Channel crossings.

Key New Powers and Penalties ⚖️

The Border Security, Asylum and Immigration Act, which received Royal Assent in December, provides several "game-changing" tools for officers:

Searches: Officers can now conduct searches of migrants at the border, in vehicles, or during property raids without an arrest. This includes the power to demand the removal of coats and jackets and to conduct searches for hidden SIM cards inside a person's mouth.
Engine Supply (14 years): Storing or supplying boat engines intended for illegal crossings is now a specific criminal offence carrying a maximum sentence of 14 years in prison.
Information Facilitation (5 years): Downloading maps to plan launch points, researching where to buy dinghy equipment, or recording the positions of French police can now lead to up to 5 years in prison.
Dangerous Conduct (6 years): Putting lives at risk during a crossing by refusing rescue or acting with physical aggression can result in a 6-year sentence.

Record Crossings in 2025

The introduction of these laws follows a difficult year for border control. Home Office data confirmed that 41,472 migrants crossed the Channel in small boats in 2025—a 13% increase from 2024 and the second-highest annual total on record.

Border Security Minister Alex Norris stated: "We promised to restore order and control to our borders... we are implementing robust new laws with powerful offences to intercept, disrupt and dismantle these vile gangs faster than ever before."

However, the Refugee Council and human rights solicitors have raised concerns about the "indiscriminate" use of these powers, particularly regarding the privacy of vulnerable people. Mike Tapp, Minister for Migration and Citizenship, argued that while phones are a "lifeline," the intelligence they hold is vital for security. "That doesn't take away compassion," he added, noting that tactical decisions on returns would be made on a case-by-case basis.

Broader Asylum Reforms

The phone seizures are part of a wider overhaul of the asylum system led by Home Secretary Shabana Mahmood. Her plans, first unveiled in November, include:

Fast-tracking the deportation of those with no legal right to stay.
Limiting "Right to Family Life" (Article 8) claims.
Ending automatic permanent settlement, requiring refugees to wait 20 years to apply.

Shadow Home Secretary Chris Philp criticised the move as "cosmetic tweaks," arguing that the government still lacks a true deterrent. The Conservatives have reiterated calls to leave the European Convention on Human Rights (ECHR) to ensure border security.