The UK government’s decision to repeal the Safety of Rwanda (Asylum and Immigration) Act 2024 and sections 22-28 of the Illegal Migration Act 2023 through the Border Security, Asylum and Immigration Bill is a positive step. These laws created significant barriers for victims of modern slavery and human trafficking, making it harder for them to be identified and receive support.
Unseen, along with our partner organisations, has long called for their repeal and welcomes this shift in policy. However, we remain seriously concerned that Section 29 of the Illegal Migration Act 2023, which excludes certain victims from modern slavery protections based on past convictions, remains in place.
This provision expands the scope of Section 63 of the Nationality and Borders Act 2022, further restricting access to support for individuals, regardless of whether they were forced into criminal activity as part of their exploitation.
The Border Security, Asylum and Immigration Bill does nothing to address these issues, nor the wider harms caused by the Nationality and Borders Act 2022, which continues to obstruct victim identification and support.
Modern slavery is not an immigration issue
The persistent and, at times, deliberate conflation of modern slavery with migrant smuggling and immigration enforcement must end. Modern slavery is not an immigration issue—it is a crime with serious human rights violations that demands a distinct and focused response.
UK government data from 2023 shows that British nationals made up 25% of all referrals to the National Referral Mechanism (1)—the largest group. This challenges the misconception that modern slavery is primarily an immigration issue and underscores the need for a victim-centred approach, separate from border control policies.
Embedding modern slavery provisions within immigration law blurs the line between victim protection and enforcement, undermining efforts to prevent trafficking, identify victims, and prosecute perpetrators. The Border Security, Asylum and Immigration Bill was not subject to public consultation, and modern slavery provisions must have no place in any immigration bill.
Why is the retention of section 29 of the Illegal Migration Act and Section 63 of the Nationality and Borders Act so dangerous to the UK’s fight against modern slavery?
Criminal exploitation remains a significant form of modern slavery in the UK. In 2023, criminal exploitation accounted for 10% of all modern slavery cases and 7% of all potential victims identified by our Modern Slavery & Exploitation Helpline. The Helpline received 226 reports of criminal exploitation involving 385 potential victims—a 21% increase in potential victims compared to the previous year.
Despite this growing issue, Sections 29 and 63 of the Illegal Migration Act and the Nationality and Borders Act, respectively, unfairly punish victims of trafficking, many of whom were coerced into criminal activities as part of their exploitation.
Victims who were forced into criminality—such as drug cultivation, theft, or begging—risk being excluded from support due to past convictions. However, even those who were not coerced into committing crimes still face exclusion based on their criminal history.
This exclusion—especially when the crimes were committed under duress—undermines the public interest and hinders efforts to engage with victims and dismantle trafficking networks.
While non-coerced criminality presents challenges, each case should be assessed individually. The blanket exclusion of victims based solely on criminal records limits the intelligence available to law enforcement and the opportunities to prosecute traffickers effectively.
The Government’s stated aim, outlined in the House of Lords 2015 Modern Slavery Act Committee report (December 2024), is to “drive up prosecutions and convictions.” However, by denying support to potential victims, the Government reduces the pool of individuals willing to engage with investigations and share vital intelligence. Without victim support, key opportunities to secure prosecutions and disrupt trafficking networks are lost.
This approach harms not only the victims involved but also weakens the UK's ability to effectively tackle traffickers and dismantle modern slavery operations. By denying support, the Government undermines its own efforts to achieve the very goals it has set.
Traffickers deliberately exploit vulnerable people, including those with criminal records, homelessness, or histories of incarceration. These are the very individuals who are at heightened risk of being trafficked, yet the law fails to offer them the protection they deserve.
Moreover, the Statutory Defence (S45) is applied inconsistently, leaving many victims without legal protection. This is a direct consequence of gaps in understanding among solicitors, the judiciary, and law enforcement—combined with inadequate trauma-informed training.
Additionally, Public Order Disqualifications apply only to non-UK nationals. If the intent was truly to exclude individuals based on criminality, British nationals would also face the same exclusions. However, the law disproportionately targets foreign nationals, and implements a two-tiered system predicated on discrimination and human rights violations.
The principle that “all are equal before the law” is a cornerstone of justice and human rights, ensuring that everyone is treated equally by the legal system. By selectively applying these provisions, the law breaches this fundamental principle and violates international law, including the European Convention on Human Rights (ECHR) and the European Convention on Action Against Trafficking (ECAT). To uphold the UK’s commitment to justice and human rights, these provisions must be fully repealed.
Our calls for the government:
- Amend the Border Security, Asylum and Immigration Bill to fully repeal all remaining modern slavery provisions in the Illegal Migration Act and Nationality and Borders Act, ensuring trafficking survivors receive protection, not punishment.
- Remove Part 5 of the Nationality and Borders Act 2022, which obstructs victim identification and support. Raising the reasonable grounds threshold and requiring concrete evidence of exploitation has led to more negative decisions, increasing the risk of re-trafficking.
- Commit to a comprehensive modern slavery strategy focused on prevention, survivor support, and prosecuting traffickers—not punitive immigration policies that harm victims. A standalone Modern Slavery Bill should be introduced to incorporate ECAT protections into UK law.
- Engage with survivors and civil society to create evidence-based policies that effectively combat trafficking and protect victims.
- Recognise modern slavery as an economic crime with both victims and perpetrators. The Government must acknowledge the true economic costs of these human rights violations, which fuel illegal markets, burdens public services, and weakens legitimate businesses. Addressing modern slavery is not just a moral imperative but an economic necessity, requiring a comprehensive and humane response.
Supporting victims is key to ending modern slavery
The most effective way to combat modern slavery is by protecting and supporting survivor recovery. Denying them access to assistance can not only push them back into exploitation but also reduces the pool of individuals willing to cooperate with investigations. This limits the crucial intelligence and data needed to dismantle trafficking networks.
We know that when given the fair opportunity, survivors contribute invaluable insights, as demonstrated by our Survivor Consultants Group, who help shape policy and anti-slavery responses. The UK must become a hostile environment for traffickers, not for those they exploit.
At Unseen, we call for survivors to receive the protection and support they deserve. We urge the Government to reconsider its approach, prioritise recovery from trauma, and take decisive action to separate modern slavery protections from immigration enforcement once and for all.
(1) The National Referral Mechanism is the government’s system for identifying and supporting victims of modern slavery.
