UK Government Announces New Law to Criminalise Online Ads Promoting Illegal Immigration

On 2-8-2025, the UK government has announced a major legal reform that will criminalise the creation and publication of online content promoting small boat crossings and other breaches of immigration law, a decisive move to disrupt the operations of organised crime groups profiting from illegal immigration. Introduced on 13-05-2025, as an amendment to the Border Security, Asylum and Immigration Bill, the new offence forms a central pillar of the government’s Plan for Change to strengthen border security and dismantle people-smuggling networks.

Background:

The proposed legislation will make it a UK-wide criminal offence to produce or publish online material that facilitates illegal entry into the country. This includes:

• Advertisements for small boat crossings across the English Channel
• Fake travel documents such as passports or visas

• Content offering illegal work opportunities

According to the Home Office analysis, approximately 80% of migrants¹ arriving via small boats reported using social media during their journey, often to locate or communicate with smugglers or facilitators linked to organised crime groups. Many migrants are lured by false promises of safety and employment, leading them to risk their lives in perilous crossings. The new offence will also target content that encourages others to break immigration laws in exchange for financial incentives, such as individuals paid by smugglers to post promotional material online.

Home Secretary Yvette Cooper condemned the exploitation of migrants, stating that:

“Selling the false promise of a safe journey to the UK and a life in this country — whether on or offline — simply to make money, is nothing short of immoral.

These criminals have no issue with leading migrants to life-threatening situations using brazen tactics on social media. We are determined to do everything we can to stop them — wherever they operate.

We have to stay one step ahead of the ever-evolving tactics of people-smuggling gangs and this move, part of our Plan for Change to boost border security, will empower law enforcement to disable these tactics faster and more effectively, ensuring people face proper penalties.”

Rob Jones, Director General (Operations) at the National Crime Agency (‘NCA’), stated that:

“We know many of the people-smuggling networks risking lives transporting people to the UK promote their services to migrants using social media.

The majority of migrants arriving in the UK will have engaged with smugglers in this way. This is why we work with social media companies to target smugglers’ accounts, and we’ve increased the pace of takedowns.

These proposed new powers will offer UK law enforcement additional options to target criminal gangs and their business models as they use online platforms for their criminality.”

Joanne Jakymec, a Chief Crown Prosecutor for the Crown Prosecution Service, said:

“We have been working with the Home Office on this standalone offence to provide our expertise on how best to shape its inclusion in the Border Security Bill to impact people smugglers.

Once it’s in force, the CPS won’t hesitate to charge cases where we have evidence of suspects using social media to advertise small boat crossings, fake travel documents, or illegal working opportunities.

We will also use the additional money allocated to us this year to recruit specialist lawyers to prosecute immigration crime cases referred to us by law enforcement agencies.

Online adverts for people-smuggling services are part of the business model for organised crime groups that everyone in the Border Security Command is working tirelessly to disrupt and stop.”

Enforcement and Policy Measures:

• Since December 2021, the NCA has worked with social media companies to remove over 22,000 posts promoting organised immigration crime, including 8,000 takedowns in 2024, a 40% increase.
• The UK government has intensified enforcement against illegal migration, including:
  • A 50% rise in arrests of illegal workers
  • The return of 35,000 individuals with no right to remain
  • Tougher penalties for gang leaders and suppliers of smuggling equipment

• The Prime Minister has agreed to a pilot returns deal with France: migrants arriving via small boats will be sent back, while an equal number will enter the UK through legal routes. This aims to reduce the appeal of dangerous journeys and weaken smuggling networks.

Lord Hanson of Flint² has issued a statement under S. 19(1)(a) of the Human Rights Act 1998:

“In my view the provisions of the Border Security, Asylum and Immigration Bill are compatible with the Convention rights.”

Key Highlights of Border Security, Asylum and Immigration Bill 2025:

1. The Border Security, Asylum and Immigration Bill 2025, currently under review in the House of Lords, introduces a range of new offences and enforcement powers designed to disrupt the digital and logistical infrastructure underpinning organised immigration crime.
2. The bill establishes the role of a Border Security Commander, a senior civil servant tasked with providing strategic leadership across the UK’s border security system to address current and emerging threats.
3. Through expanded data-sharing arrangements and improved operational coordination, the bill seeks to:
   • Safeguard the integrity of the UK asylum system
   • Prevent abuse and exploitation
   • Rebuild public confidence in migration governance
   • Deter irregular migration and reduce dangerous small boat crossings across the Channel
4. Under Clause 13, it becomes a criminal offence to supply or offer to supply any “relevant article”, such as fake documents or equipment, if the supplier knows or suspects it will be used in connection with immigration offences under the Immigration Act 1971. This offence carries a maximum penalty of up to 14 years’ imprisonment.
5. The provision builds on earlier legislation from the Nationality and Borders Act 2022, which introduced penalties for irregular entry.
6. Clause 14 extends criminal liability to individuals who handle such articles, including receiving, disposing of, or assisting in their removal, again with knowledge or suspicion of their use in immigration crime.
7. Clause 16 targets digital content and online activity, criminalising the collection, possession, or online access of information likely to be useful for organising or preparing illegal entry into the UK. This includes viewing or downloading materials such as maps, guides, or advertisements for small boat crossings.
8. The offence applies even if the content is publicly available and carries a maximum penalty of five years’ imprisonment.
9. The law applies extraterritorially, meaning offences committed outside the UK, such as publishing online ads from abroad, can still be prosecuted domestically.
10. The bill grants law enforcement expanded powers under Clauses 19 to 26 to search, seize, and retain electronic devices suspected of containing immigration-related content.
11. These provisions raise concerns about privacy and the potential for indiscriminate targeting of vulnerable individuals.
12. Legal defences are available for:
    • Humanitarian assistance
    • Journalism
    • Academic research
    • Non-profit organisations aiding asylum seekers without charge
13. However, the legal experts and human rights advocates warn that the broad drafting of these clauses could lead to overreach, criminalising refugees, victims of trafficking, and individuals coerced into illegal journeys.
14. Collectively, these measures reflect a strategic shift in UK immigration law, recognising the role of digital platforms in enabling illegal migration and empowering authorities to dismantle the online networks that support smuggling operations.