Does immigration enforcement matter? Irregular immigrants and control policies in the UK

Between 2004 and 2007 ten countries joined the European Union. Immigrants from these countries who were already in the UK were regularized overnight and subsequent immigrants have been able to work regularly. It might have been assumed that this would curtail irregular migration, yet recent reports suggest that in 2009 there were considerably more irregular immigrants (IMs) in the UK than in 2001 and indeed than ever before. Evidence from the external border of the European Union and the English Channel ports also shows that irregular migration continues.

During this time we have also witnessed major shifts in policy responses. In the 1990s, net increases in immigration coincided with a panic over asylum, which subsequently became the focus of immigration policy. Around 2000, the attention shifted to labour immigration and how to attract much needed workers. After 2004, when the new EU member states, notably Poland and Lithuania, began to supply large numbers of regular labour migrants to the UK, the government became less tolerant toward non-EU and irregular labour migrants. In a relatively short space of time policy priorities and institutions have altered dramatically and underwent constant de/construction. In 2007, the Immigration and Nationality Department became the Border and Immigration Agency, in 2008, this was transformed into UK Border Agency (UKBA), its head was dismissed in 2011 and the agency sub-divided in 2012 into UKBA and UK Border Force. Simultaneously, collaboration between various government agencies has been improved (e.g. UKBA and police cooperation), resources and staffing levels increased (although reduced again in course of funding cuts post 2009) and law enforcement improved and number of operations raised.

So far, research has tended to examine the various factors that explain irregular migration, such as migration systems, asymmetries in economics and the paradoxes of globalisation (macro level), migration networks (meso level) and immigrants' individual survival strategies (micro level). This study aims to uncover aspects that have received little academic attention, namely immigration enforcement, its impact and its limits.

The overarching theme of this study is to examine the impact of increasingly rigid legislation and enforcement measures on irregular migration. In particular we aim to find if and how IMs survive and avoid controls, to investigate the interaction between irregular immigrants' strategies, employer practices and enforcement measures, to understand the political, practical and ethical limits to law enforcement, to identify the impact of enforcement on IMs' access to fundamental rights, show how all this is perceived by the affected immigrant communities, and highlight the impact and effectiveness of enforcement.
This qualitative study builds upon and compares findings with the situation in 1999 and of a previous study by the PI; thus it provides a longitudinal perspective and thereby reinforces a previous ESRC investment.

The following questions will be addressed:
- Which new enforcement measures are introduced and what is their effectiveness? How are service and enforcement balanced? Are there (unintended) side-effects?
- Who are the contemporary IMs, how do they enter, reside and work in the UK and how do they respond to law enforcement? Is there a deterrent effect?
- How do recruitment agencies and employers respond to strict laws and increasing enforcement?
- What is the effect on access to fundamental rights?
- What are the limits of immigration law enforcement?
- How has the situation changed over time?

Irregular migration is a sensitive policy field characterised by tense relations between various actors, limited knowledge, and emotionalised and politicised discourses. This project aims to offer rational views, improve understanding, communication and policy making and shall benefit statutory agencies, the voluntary sector and immigrant communities.

This project aims to offer new evidence in order to improve understanding, communication and policy making in the field of irregular immigration, immigration law enforcement and fundamental rights. The project will build effective reciprocal and on-going academic-stakeholder relationships, from the research design stage, through to research and subsequent dissemination. Thus, a wide range of users will be involved in the design of the research, regularly updated and benefit from new evidence provided by this project.

First, national STATUTORY AGENCIES, such as the Home Office, UK Border Agency and Department for Work and Pensions, police, local governments, service providers and central government will find this project of benefit. Our research will provide a set of analyses, new evidence, and detailed insights that are not normally accessible by or shared between these agencies. For instance, actors involved in enforcement will gain analysis of the effectiveness, impacts and limits of current measures in order for them to be better informed of the wider picture that will be useful for future policy development. Local governments will be able to better understand issues to do with irregular immigrants in their constituency and shall be supported in identifying the policy implications. Department for Work and Pensions will be given analyses focussed on irregular immigrant workers. Thus, this research aims at aiding policy design, offering standard as well as alternative perspectives. Research results could optimise operations in the view of sensitive enforcement. Research results would also provide advice to principal policy-makers and police officers alike.

Second, the national VOLUNTARY SECTOR in the field of (a) Black, ethnic minority, and migrants and refugee support organisations; (b) human rights/fundamental rights organisations; (c) trade unions, (d) trades councils and employers' associations, and (e) other interest groups will be able to better understand the polices and policy options in this sensitive field in order to shape their responses and interventions. They would also gain information about the position of some of their clients and the needs of this client groups, so that better services and advice can be offered and the situation of the client group improved. Finally, we will discuss with them the impact that immigration enforcement has on immigrant communities in order to make suggestions as to ways of increasing the visibility of community views and concerns at a policy level.

Third, this study, because it is unique, will be of benefit to EU bodies, EU and other national law enforcement agencies, INTERGOVERNMETAL ORGANISATIONS, such as IOM, OECD, and ICMPD and INTERNATIONAL NGOs, like ECRE, PICUM and many others. It shall help to formulate and improve policies in this arena.

Fourth, the GENERAL PUBLIC will be informed through press releases to the media, as well as utilising social media channels such as facebook and a blog in order to activate a non-specialist discussion on this topic.

All users will be approached using targeted DISSEMINATION efforts. A key tool in our strategy will be plain English research and policy briefings of which some will be tailor-made for specific user groups. Progress and results will, within limits, be disseminated through a newsletter and reports made accessible on the project website. Furthermore, INDIVIDUAL MEETINGS will be offered to users at various stages of the project (beginning, in-between and end) to discuss research, findings and its implications, to gain additional feedback, ensure relevance and strengthen the impact of the research and consolidate and extend our user relationships and networks.