The first deportations under the UK’s new small‑boat returns arrangement with France are expected to take place imminently, but Conservative frontbenchers warned the scheme will be hit by a “slew of last‑minute legal challenges” as ministers prepare flights to remove people who crossed the Channel illegally.
Labour and French officials activated the reciprocal “one in, one out” deal, announced in July, on Aug. 7. Since then, 5,435 people have crossed the Channel in small boats and arrived in Britain, officials said. Government sources confirmed removals flights will begin this week and the Home Office said people crossing in small boats can now be detained and removed to France.
Shadow Home Secretary Chris Philp, who served as an immigration minister in the previous Conservative government, said the scheme will be overwhelmed by legal actions mounted on behalf of migrants to prevent deportation. Philp criticised the government for not removing the Human Rights Act from immigration cases and for the continued availability of modern slavery claims, both of which he said will be used to frustrate removals. "The Government will be hit with a slew of last‑minute legal challenges," he said, adding that removing a small number of people would not deter others from attempting to cross.
The Home Office said it expects returns to take place imminently and described border protection as its top priority. "Under the new UK‑France treaty, people crossing in small boats can now be detained and removed to France," a Home Office spokesman said. "We expect the first returns to take place imminently. Protecting the UK border is our top priority. We will do whatever it takes to restore order to secure our borders."
Officials said at least 100 migrants were detained in early August after Channel crossings and that some of those detained have been issued formal removal directions. The pilot scheme between the UK and France is limited in scope; when Prime Minister Sir Keir Starmer and French President Emmanuel Macron announced the agreement in July, officials suggested it would allow about 50 returns a week. At that rate, fewer than 2,000 people would be returned before the agreement expires on June 11 next year.
The bilateral arrangement envisages reciprocal movements: migrants already in France who meet specified criteria will be flown to the UK and issued visas of up to three months while their applications are considered, while people who crossed in small boats can be detained and removed to France. UK officials said they expect to carry out rigorous security checks before any transfers, but also said France would not provide personal details on migrants sent to Britain, including any criminal records.
The government faces a legal precedent after a previous attempt by a Conservative administration to operate a deportation flight under the UK’s Rwanda asylum policy was halted by a late‑night injunction issued by the European Court of Human Rights in June 2022. Philp warned that similar last‑minute injunctions and legal filings could frustrate removals under the Anglo‑French scheme.
Cross‑Channel crossings have continued at high levels this year. Official figures cited by political sources showed 31,026 people had arrived so far this year, a rise of 38 percent on the same period last year. Single‑day arrival figures have included 1,097 people on Sept. 6 and a further 927 in a later week, although crossings have been affected this month by stronger Channel winds.
Opposition figures have also criticised the political messaging around the deal. They pointed to comments from the prime minister that those who break the law to enter the country would face being sent back, and said the narrow capacity of the pilot scheme made such statements misleading. The government has said the pilot is the first step in broader efforts to curb illegal crossings.
Home Secretary Shabana Mahmood, who was appointed earlier this month, will oversee implementation of the returns pilot as ministers prepare for the first flights. The government said it will monitor the pilot closely and is ready to adapt its approach based on its operation and legal developments.
Both parties to the treaty have said they will cooperate on security and operational matters, and UK officials indicated the pilot will be used to inform any potential wider arrangements. Legal challenges and procedural safeguards are likely to shape how many removals can be completed in practice while litigation proceeds in domestic and international courts.