Immigration Officer
Encyclopedia
The role of Immigration officers are to ensure that immigration
legislation is enforced. This can cover the rules of entry for Visa (document)
applicants, foreign national
s or those seeking asylum
at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal law
s.
, and appointed by the Home Secretary, whose powers are conferred by the Immigration Act 1971
and who also act in accordance with Immigration Rules. The Immigration Rules are statutory instruments laid down by Parliament under Section 3(2) of the 1971 Act which govern the regulation of entry into the United Kingdom. The Rules are amended by Primary Legislation when required and provide a framework to ensure that those that come to, or remain in the UK, do so legally, and those that do not can be removed. Immigration officers' powers over citizens of the European Economic Area
(EEA) and their family members are currently governed by the Immigration (EEA) Regulations 2006
.
Immigration officers have the power of arrest and detention conferred on them by the Immigration Act 1971, when both at ports and inland. In practice, port immigration officers exercise powers under Schedule 2 of the Immigration Act 1971 and inland immigration Officers under S28A-H of the Immigration Act 1971 and paragraph 17 of Schedule 2. This has led to separate training for port and inland officers, where port officers are not trained in Police and Criminal Evidence Act 1984
(PACE). "Designated Immigration Officers" are port immigration officers who have been trained in detention under PACE.
Before the UKBA was established, British immigration officers were not uniformed, but now wear a uniform with rank insignia.
. Schedule 2 also gives an immigration officer the power to arrest without warrant anyone who is liable to detention.
The passing of the Borders, Citizenship and Immigration Act created a provision for the Secretary of State to designate individuals as a "general customs official". Immigration Officers who have received the appropriate training are designated as general customs officials and can carry out customs functions in additions to their immigration ones. The passing of the act supersedes the process where the Customs Commissioners would designate officers as customs officials.
Designated Immigration Officers (DIOs) are designated by the Home Secretary, and only if they are fit and proper for the purpose, and suitably trained.
Under Section 2 of the UK Borders Act, DIOs can detain any person without arrest in a port in England
, Wales
or Northern Ireland
if they think that the individual may be liable to arrest
by a constable
for any offence under Section 24 of the Police and Criminal Evidence Act 1984
or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989, or if there is a warrant for their arrest. They can be searched and detained using reasonable force for up to three hours, and can be pursued if they leave the port. If a DIO detains a person, they must arrange for a constable to attend as soon as is reasonably practicable. It is an offence to abscond, assault or obstruct a DIO exercising their powers under this section.
However, Immigration Officers also have far broader powers under the Terrorism Act 2000 to examine, question, and search anyone in order to establish whether or not they appear to be or have been concerned in the commission, preparation or
instigation of acts of terrorism. A person may be detained under Schedule 7 for up to 9 hours. The Immigration Officer need not have reasonable suspicion that the detainee has in fact been involved in terrorism. The detainee has a duty to provide the Immigration Officer with all information requested and a failure to do so constitutes an offence, punishable by 3 months imprisonment and a fine.
A specially-trained Immigration Officer working in a Criminal Investigation Team also has the power to arrest without warrant any person that he has reasonable suspicion of committing criminal offences of obtaining or seeking to obtain leave to remain by deception, assisting unlawful immigration to a member state, helping an asylum seeker to enter the UK, and assisting entry to UK of anyone in breach of a deportation or exclusion order; and also several non-immigration criminal offences such as conspiracy to defraud, bigamy, perjury, theft, obtaining services by deception, fraud, forgery and counterfeiting, trafficking for sexual exploitation, possessing and making false identity documents.
An Immigration Officer can enter and search a premises owned or occupied by someone arrested for an offence without warrant for nationality documents.
It is an offence to assault an Immigration Officer, and an Immigration Officer may arrest a person if they reasonably suspect that the person has committed or is about to commit that offence.
At all times, an Immigration Officer may arrest any person that he has a reasonable suspicion of committing an indictable offence
using the "any person powers" (also known as citizen's arrest
) contained in Section 24A of the Police and Criminal Evidence Act 1984
.
N.B. The power of arrest for theft is provided in addition to those relating to immigration matters as part of their immigration officer status.
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
legislation is enforced. This can cover the rules of entry for Visa (document)
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
applicants, foreign national
Foreign national
Foreign national is a term used to describe a person who is not a citizen of the host country in which he or she is residing or temporarily sojourning. In Canada, a foreign national is defined as someone who is not a Canadian citizen nor a permanent resident of Canada...
s or those seeking asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
s.
United Kingdom
United Kingdom immigration officers are employees of the UK Border AgencyUK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
, and appointed by the Home Secretary, whose powers are conferred by the Immigration Act 1971
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
and who also act in accordance with Immigration Rules. The Immigration Rules are statutory instruments laid down by Parliament under Section 3(2) of the 1971 Act which govern the regulation of entry into the United Kingdom. The Rules are amended by Primary Legislation when required and provide a framework to ensure that those that come to, or remain in the UK, do so legally, and those that do not can be removed. Immigration officers' powers over citizens of the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(EEA) and their family members are currently governed by the Immigration (EEA) Regulations 2006
EEA Regulations (UK)
The Immigration Regulations 2006 amended by SI 2009/1117 and SI 2011/1247 constitute the law that implements the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC...
.
Immigration officers have the power of arrest and detention conferred on them by the Immigration Act 1971, when both at ports and inland. In practice, port immigration officers exercise powers under Schedule 2 of the Immigration Act 1971 and inland immigration Officers under S28A-H of the Immigration Act 1971 and paragraph 17 of Schedule 2. This has led to separate training for port and inland officers, where port officers are not trained in Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
(PACE). "Designated Immigration Officers" are port immigration officers who have been trained in detention under PACE.
Before the UKBA was established, British immigration officers were not uniformed, but now wear a uniform with rank insignia.
At ports
An immigration officer at a port has the power to detain any person without arrest who is not a British citizen to investigate whether they qualify for entry to the United Kingdom under Schedule 2 of the Immigration Act 1971Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
. Schedule 2 also gives an immigration officer the power to arrest without warrant anyone who is liable to detention.
The passing of the Borders, Citizenship and Immigration Act created a provision for the Secretary of State to designate individuals as a "general customs official". Immigration Officers who have received the appropriate training are designated as general customs officials and can carry out customs functions in additions to their immigration ones. The passing of the act supersedes the process where the Customs Commissioners would designate officers as customs officials.
Designated Immigration Officers (DIOs) are designated by the Home Secretary, and only if they are fit and proper for the purpose, and suitably trained.
Under Section 2 of the UK Borders Act, DIOs can detain any person without arrest in a port in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
or Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
if they think that the individual may be liable to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
by a constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
for any offence under Section 24 of the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989, or if there is a warrant for their arrest. They can be searched and detained using reasonable force for up to three hours, and can be pursued if they leave the port. If a DIO detains a person, they must arrange for a constable to attend as soon as is reasonably practicable. It is an offence to abscond, assault or obstruct a DIO exercising their powers under this section.
However, Immigration Officers also have far broader powers under the Terrorism Act 2000 to examine, question, and search anyone in order to establish whether or not they appear to be or have been concerned in the commission, preparation or
instigation of acts of terrorism. A person may be detained under Schedule 7 for up to 9 hours. The Immigration Officer need not have reasonable suspicion that the detainee has in fact been involved in terrorism. The detainee has a duty to provide the Immigration Officer with all information requested and a failure to do so constitutes an offence, punishable by 3 months imprisonment and a fine.
Inland
Under Section 28A of the Immigration Act 1971, Immigration Officers have wide-ranging arrest powers. They can arrest:- non-British citizens if they are in the country illegally, or have remained beyond the conditions imposed on them
- non-British citizens if, be means of deception, they obtain, or seek to obtain, entry or permission to remain in the UK.
- any person who assists a breach of EU Immigration Law by a non-EU national.
- any person who assists a breach asylum seekers for gain.
- any person who assists a facilitate a breach of a deportation order in force against an individual who is a citizen of the European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. - any person who obstructs an Immigration Officer or other person lawfully acting in the execution of the 1971 Act.
- any person who has an immigration stamp or replica immigration stamp in their possession.
- any person who
- alters a registration card with intent to deceive or to enable another to deceive,
- has a false or altered registration card in his possession without reasonable excuse,
- uses or attempts to use a false registration card for a purpose for which a registration card is issued,
- uses or attempts to use an altered registration card with intent to deceive,
- makes or possess an article designed to be used in making a false registration card,
- makes or possess an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive.
- any person suspected to be guilty of an offence under the Theft Act 1968Theft Act 1968The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
A specially-trained Immigration Officer working in a Criminal Investigation Team also has the power to arrest without warrant any person that he has reasonable suspicion of committing criminal offences of obtaining or seeking to obtain leave to remain by deception, assisting unlawful immigration to a member state, helping an asylum seeker to enter the UK, and assisting entry to UK of anyone in breach of a deportation or exclusion order; and also several non-immigration criminal offences such as conspiracy to defraud, bigamy, perjury, theft, obtaining services by deception, fraud, forgery and counterfeiting, trafficking for sexual exploitation, possessing and making false identity documents.
An Immigration Officer can enter and search a premises owned or occupied by someone arrested for an offence without warrant for nationality documents.
It is an offence to assault an Immigration Officer, and an Immigration Officer may arrest a person if they reasonably suspect that the person has committed or is about to commit that offence.
At all times, an Immigration Officer may arrest any person that he has a reasonable suspicion of committing an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
using the "any person powers" (also known as citizen's arrest
Citizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
) contained in Section 24A of the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
.
N.B. The power of arrest for theft is provided in addition to those relating to immigration matters as part of their immigration officer status.