Undocumented Workers: Detainees

Home Office written question – answered on 12th January 2017.

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Photo of Kate Osamor Kate Osamor Shadow Secretary of State for International Development

To ask the Secretary of State for the Home Department, whether it is government policy to detain undocumented workers who claim that they are victims of trafficking or modern slavery as part of Operation Magnify.

Photo of Sarah Newton Sarah Newton The Parliamentary Under-Secretary of State for the Home Department

Individuals who claim to be victims of modern slavery can be referred to the National Referral Mechanism (NRM) which identifies and supports potential victims of modern slavery.

Individuals liable to immigration detention for the purposes of removal may also fall within the scope of the adults at risk in immigration detention policy, by virtue of which vulnerability issues are considered against immigration control factors in determining the appropriateness of detention.

Where a positive reasonable grounds decision is then made by the NRM (that a person is a potential victim modern slavery) and an adult potential victim of modern slavery is in immigration detention they will normally need to be released and granted a minimum of 45 days for recovery and reflection unless in the particular circumstances, their detention can be justified on grounds of public order.

There are no special conditions or policies applied to enforcement operations that are conducted as part of Operation Magnify. Where immigration offenders are identified, they are dealt with in accordance with all relevant policies including Detention policy, Identification of Potential Victims of Trafficking (PVoT) policy and Adults at Risk in Immigration Detention policy.

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