Legislative Developments in Immigration Law Which Make Identification of Trafficked Victims More Challenging

Alongside the contextual issues which affect the ability of trafficked to be identified, the legislative measures designed to reduce the numbers of migrants coming to the UK are important. Unfortunately, the Nationality and Borders Act 2022 was passed in part in response to concerns that non-genuine claims of trafficking were being made and make it more difficult to rely upon provisions and protections in the Modern Slavery Act 2015. Additionally, the Illegal Migration Act 2023 was passed to deter migrants from coming to the UK by small boat and to seek asylum. Both have potential negative impacts on trafficked victims to have their rights and protections safeguarded by the UK Government and consequently will make it harder for victims of trafficking to self-identify or at risk of being misidentified as another type of migrant.