The Home Office is warning
EU nationals held in detention centres that they should leave the UK to “avoid
becoming destitute (so poor that you do not have the basic things you need to live, such as food,clothes, or money), in the latest instance of a hardened tone towards citizens
from European countries.
A government letter, written on behalf of home
secretary Amber Rudd and seen by the Observer, also advises EU nationals that they should
consider leaving because they have the “right to travel freely across the EU
and can visit, live, study and in most cases work in any other EU member state”
– an observation that appears to preempt (to prevent something from happening by taking action first) the UK’s departure from the union.
The letter, dated 18 October and written by officials
from the Home Office’s immigration section, tells a Romanian national in an
immigration detention centre that his request for emergency accommodation has
been rejected and he should consider another country. It states: “You could
avoid becoming destitute by returning to Romania or another EU member state
where you could enjoy access to all your ECHR [European Convention on Human
Rights] without interference (attempts to interfere in a situation).”
The ECHR protects the human rights and freedoms of
individuals in 47 countries belonging to the Council of Europe and prohibits a
range of unfair and harmful practices.
Detentions and enforced removals of EU citizens from the UK have risen sharply since the Brexit vote, prompting critics
to claim that the Home Office is deliberately targeting EU nationals as part of
the 'hostile environment' Theresa May pledged (a serious promise) for those she believes should
not be in the country.
Analysis of government data shows deportations of EU
citizens are at their highest since records began, with 5,301 removals in the
year to June 2017 and a policy of deporting European nationals accused of sleeping rough (to spend the night in the open; be without a home or without shelter).
Celia Clarke, director of the legal charity Bail for
Immigration Detainees (BiD), said: “One of the worrying aspects of the Home Office letter refusing
an EU national entitlement to accommodation to enable him to apply for bail to
get out of detention is its tone: effectively telling a detainee to go home or
go to another EU country.
“If UK officials are acting
in this way towards EU nationals now, the future of our relations with EU
nationals and countries should be a concern to us all. The danger is that the
divorce from the EU is becoming ever more acrimonious (involving a lot of anger, disagreement, and bad feelings ), and this is reflected in
both the tone and the practice of the Home Office.”
Despite coming under considerable pressure, May has
held off promising to maintain EU citizens’ rights until those of UK citizens
in the rest of the EU have been secured. Last Thursday, however, the foreign
secretary, Boris Johnson, attempted to reduce disquiet by telling (showing the truth about a situation, or showing what someone really thinks)a meeting of Polish dignitaries (someone with an important, official position) their rights would be
“protected whatever happens” after Brexit.
Meanwhile, other documents spell out a further
potential headache for May’s leadership. A letter from the European
commission’s directorate-general for justice has indicated that it is serious
about investigating the increased detention of EU nationals in Britain and
whether UK authorities are restricting “their right to move and reside freely”.
It has begun the process of asking for evidence on the issue.
The letter, dated 20 October, also reveals that the
commission is “looking into the amendments of UK law” that came into force in
February and have since been routinely used to deport EU citizens. According to
the contentious law changes, individuals found to have been sleeping rough can
now be “subject to administrative removal” from the UK.
“These regulations seem to have created the conditions
for a cavalier approach towards the detention and removal of EEA (European Economic Area) nationals,”
said Clarke.
The Home Office declined to comment, saying only that
the “description of the letter provided is not one we recognise as a Home
Office document”.
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