Guide for police and labour inspectors published by Focus on Labour Exploitation and Latin American Women’s Rights Service
A new report today by Focus on Labour Exploitation (FLEX) and the Latin American Women's Rights Service (LAWRS) looks at how migrant victims of crime can safely report crime and seek assistance from the authorities without fear of negative consequences due to their immigration status.
The 29-page report can be downloaded here.
While the report is primarily intended as a guide for police and labour inspectors working with migrants, the issues covered make it widely relevant.
FLEX and LAWRS explained: "This guide looks into the police and labour inspectors' practice of sharing migrants' personal information with the Home Office for immigration enforcement purposes. It describes how this is affecting migrants, especially victims of domestic abuse and labour exploitation, and making them vulnerable to harm. It also analyses how this reporting is carried out in practice in the UK. Finally, it outlines practical strategies to increase trust between these agencies and migrant communities. Building on international good practice, these strategies aim at enabling migrants to securely report abuse and exploitation and allow agencies to access valuable intelligence to prevent and address these crimes."
The report notes that immigration status is one of the main considerations migrants make in deciding whether or not to report abuse and exploitation. Insecure immigration status prevents migrants from reporting crime and acts as a major vulnerability to abuse and exploitation.
Research by LAWRS found that half of migrant victims of violence with insecure immigration status do not report abuse to the police for fear of disbelief, destitution, detention and deportation.
FLEX and LAWRS note that abusive employers and perpetrators of domestic abuse use migrants' insecure status to threaten, coerce, control and trap them in abusive and exploitative situations.
The report states: "Migrants' fear of seeking help and, as a result, being left vulnerable to immigration enforcement action is not unfounded. The first super complaint investigation by the College of Policing, HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and the Independent Office for Police Conduct (IOPC) on policing and immigrations status concluded that despite not intentionally seeking to prioritise immigration enforcement, there is clear evidence that the police sometimes do. This contributes to a perception that the police give more weight to immigration issues than to investigating crime and safeguarding victims. It also found that in many cases the Home Office has used information provided by the police against migrant victims for immigration enforcement purposes."
The report adds that when police and labour inspectors report migrants with insecure status to immigration authorities, it sends the wrong message to other migrants and it strengthens perpetrators' power over these migrants, allowing them to continue abusing and exploiting others with impunity.
FLEX and LAWRS commented: "When police and labour inspectors report migrants to immigration authorities, even if unintentionally, it helps foster a cycle of vulnerability and impunity. Migrants become more vulnerable to abuse and exploitation as they see no way out, believing authorities will prioritise their immigration status over the harm they experienced, or that they will face serious personal consequences as a result of seeking help. Abusers are able to capitalise on this fear to act with impunity, as they are less likely to be held accountable for these violations. Consequently, relevant authorities are unable to access valuable intelligence needed to prevent and address abuse and exploitation. In this scenario, everyone is worse off, as migrants are denied justice and safety, and offenders go unpunished and remain free to abuse others, creating a significant threat to public safety, as evidenced by findings from the police super-complaint published in December 2020."
With this is mind, the report outlines a number of practical strategies to increase trust between the police and labour inspectors and migrant communities. Building on international good practice, the strategies aim to enable migrants to securely report abuse and exploitation and allow agencies to access valuable intelligence to prevent and address these crimes.
In particular, FLEX and LAWRS say it is it is vital that police and labour inspectors throughout the UK introduce secure reporting mechanisms.
Examples of secure reporting mechanisms from Belgium, Brazil, the Netherlands and the US are cited in the report as good practices to follow.
FLEX explained: "The only real way to ensure migrant victims of abuse or exploitation feel safe in coming forward to report crimes is through secure reporting mechanisms. Secure reporting means choosing to prioritise the well-being and safeguarding of migrants over potential immigration offences, ensuring they will not be penalised for reporting abusive or exploitative conditions, at home, at work and beyond."
Last week, FLEX, LAWRS and a number of other partner organisations responded to the Home Office's December review into data sharing arrangements between Immigration Enforcement and the police for migrants with insecure immigration status who are victims or witnesses of crime (see our earlier article here).
The organisations' 8-page response is available here.
It states: "In December 2021, the Government published and laid before Parliament the Home Office and police data-sharing arrangements on migrant victims and witnesses of crime with insecure immigration status review (the Review). Its content contradicts the police complaints findings and instead states that data-sharing with Immigration Enforcement is essential to protect victims. The Review rejects the call made by sector representatives to establish a firewall that makes it safer for victims with insecure immigration status to approach the police to report crimes safely. The Review proposes an Immigration Enforcement (IE) Migrant Victims Protocol which it is said will prevent immigration enforcement action against victims whilst criminal investigations and proceedings are ongoing, and while the victims are being supported.
"We wholeheartedly disagree with the Government's response and argue that there remains a conflict of interest at the heart of Immigration Enforcement, given that its overriding role is to enforce immigration rules and not provide a safeguarding function. As organisations supporting migrant victims and witnesses of crime, we reject this protocol because we know this approach will not inspire let alone enhance victims' confidence in reporting a crime. On the contrary, we maintain that the active involvement of Immigration Enforcement will have a detrimental effect on victims and witnesses with insecure or uncertain immigration status leaving them unprotected."
As with today's report, the response stresses: "Establishing safe reporting mechanisms is key to building trust and ensuring that migrant victims of crime feel confident in reporting crime and engaging in the criminal justice system. Safe reporting mechanisms can also help the police protect victims, carry out successful investigations, hold perpetrators to account and prevent crime."
FLEX, LAWRS and the other organisations said they would continue to campaign and advocate for appropriate safe reporting mechanisms in forthcoming legislation and policy processes.