Not Protectively Marked FORCE PROCEDURES. Asylum Seeker and Migrant Worker Procedure

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1 FORCE PROCEDURES Asylum Seeker and Migrant Worker Procedure Procedure Reference Number: draft Procedure Author: Head of Diversity Unit Procedure Review Date: January 2012 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date (Author(s)) Version 2010 v4 NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements Responsibilities Guidance Specific instructions, tactics, methods, practices and procedures ASYLUM SEEKERS FAILED ASYLUM SEEKERS SERVICE LEVEL AGREEMENT GENERAL ARREST PROCEDURES Asylum Claimants at Police Stations FINGERPRINTS FACILITATION OF ILLEGAL ENTRY ARRIVALS & RECEPTION OF ASYLUM SEEKERS POLICING ASYLUM COMMUNITIES MIGRANT WORKERS Guidance Individual roles and responsibilities MEDIA TRAINING INFORMATION & INTELLIGENCE EXCHANGE Appendices Motivators/Driving Forces Procedure Aim Appeals Review Version 2010 v4 NOT PROTECTIVELY MARKED 2

3 1. Responsibilities The Assistant Chief Constable, Operations has overall responsibility for the policing of Asylum and Migrant Worker communities The Chief Superintendent Operations is responsible for the development and monitoring of procedures regarding the operational implications of policing Asylum and Migrant Worker communities and immigration offences The Head of the Diversity Advisory Unit is responsible for liaison with the Asylum Support Team and regional consortia and the wider partnership issues The Detective Chief Inspector Counter Terrorism Branch will be point of contact for liaison and central co-ordination of immigration operations, although it remains the responsibility of the Area s to resource UK Border Agency requests for police support at Enforcement and Compliance visits At a local strategic level, Area Commanders are responsible for the policing of Asylum and Migrant Worker communities, together with key partners and other agencies At a local tactical level, Area Community and Race Relations Inspectors are responsible for the management of Asylum Seeker and Migrant Worker issues, together with key partners and other agencies Area Inspectors are responsible for forging and maintaining contacts with local Asylum Seeker and Migrant Worker communities For organised immigration crime there is a Cheshire Immigration Crime Team. 2. Guidance Click Here to Return to Index 2.1 Specific instructions, tactics, methods, practices and procedures SPECIFIC GUIDANCE Definitions For the purposes of this procedure, the following terms and definitions apply: Asylum Seeker a person who has arrived legally or illegally in the UK and has put in an asylum claim to the Home Office. The Home Office then decides if the person qualifies as a refugee. Refugee - a person who has well-founded fear of persecution because of their 'difference' e.g. because of their race, religion or belief, nationality, membership of a social group e.g. because they are homosexual, or political opinion. Refugees are outside the country they belong to or normally live in, and are unable or unwilling to return home for fear of persecution. Version 2010 v4 NOT PROTECTIVELY MARKED 3

4 Illegal Immigrant - a person who is in the UK illegally, including those who have overstayed their visa or are here without official authorisation. Such persons are not asylum seekers ASYLUM SEEKERS The dispersal of asylum seekers into Cheshire is co-ordinated and managed by the Asylum Support Team (AST), formally known as National Asylum Support Service (NASS) In support of the Asylum Support Team, Regional Consortia have been established to implement the dispersal and placement of asylum seekers In many cases asylum seekers enter the Country illegally (illegal entrants). They do not attain the status of asylum seekers until they register an application with the UK Border Agency (UKBA). The most common methods of asylum application are: Legal entry By declaration to Immigration on entry to the country at a port. Illegal entry When detained by UKBA whilst attempting to enter the Country at a port. Illegal entry - When arrested by police officers (having successfully entered the Country as an illegal entrant). Illegal entry - On arrival at a regional Immigration Centre (having successfully entered the Country as an illegal entrant) Successful asylum applications are granted refugee status and are entitled to remain in the Country indefinitely. Where an applicant is not recognised as a refugee, consideration is given to any humanitarian and economic factors If an application for asylum is refused a person will be expected to leave the Country or face removal action (failed asylum seekers) Essential living needs for asylum seekers are met in the form of benefits, which are collected from post offices or other designated places on a weekly basis. Asylum seekers are issued with an Asylum Registration Card (identity card) which they must produce to receive any payments The Asylum Support Team (Investigations Unit) have primacy for specific fraud offences involving asylum seekers; they will work closely with the Constabulary regarding any local criminal acts involving asylum seekers resident in the County The Diversity Advisory Unit will conduct regular liaison with the Asylum Support Team and the Regional Consortia regarding the placement of asylum seekers. 2.3 FAILED ASYLUM SEEKERS SERVICE LEVEL AGREEMENT The local UK Border Agency Enforcement and Compliance office, established to target failed asylum seekers, for all Cheshire Police area is based at Reliance House in Liverpool. Version 2010 v4 NOT PROTECTIVELY MARKED 4

5 2.3.2 The working arrangements between the Constabulary and the Immigration arrest teams are contained within a Service Level Agreement at Appendix A (reference to paragraph 2.4.1) The joint ACPO / UK Border Agency Enforcement and Compliance Protocol defines three levels of immigration operations, Lower, Middle and Upper Tier operations (detailed in the Service Level Agreement). In general, it is anticipated that the Border and Immigration Agency Enforcement and Compliance will conduct Lower Tier operations in consultation with, but without the assistance of police resources. However, Middle and Upper Tier operations will be subject to dual planning and may include a multi- agency contribution (i.e. HM Customs & Excise, Benefits Agency etc) The Service Level Agreement details that the UK Border Agency Enforcement and Compliance will notify the appropriate Area Customer Service Desk (CSD) of an intended operation at least 72 hours prior to a planned visit by submitting a Visit / Enforcement Notification Form (VEN1). The Area Customer Service Desk together with local intelligence units will conduct intelligence checks on PNC and Omega and endorse the Form VEN Area Commanders will ensure that a suitable nominee i.e. Operations Manager or Duty Inspector assesses the proposed visit and makes any comments / additions before endorsing the VEN2. The Form will then be returned to the UK Border Agency Enforcement and Compliance as soon as practicable and a copy forwarded to Special Branch In circumstances where an Area Commander does not consider that the visit should be conducted e.g. potential adverse impact on the community or lack of resources, the UK Border Agency Enforcement and Compliance will be informed and the VEN2 will not be endorsed. Area Commanders retain the right of authority and authorisation for immigration activity and operations in light of their duty of care for the community. Where there is a dispute between the Constabulary and the UK Border Agency Enforcement and Compliance which cannot be resolved at a local level, the Assistant Chief Constable Operations and the Deputy Director of the UK Border Agency Enforcement and Compliance will review the authorisation decision The fundamental elements of operational liaison and information sharing will be via Area Commanders and the UK Border Agency Enforcement and Compliance. However, the Force Counter Terrorism Branch (CTB) will retain a central coordination facility and will be available for advice and assistance when required. 2.4 GENERAL ARREST PROCEDURES The Immigration Act 1971 contains powers of arrest for both police officers and Immigration Officers. In essence, an officer may arrest without warrant anyone whom he/she has reasonable cause to believe to have entered (the United Kingdom) without leave, be in breach of a deportation order, obtaining leave by deception and overstaying In circumstances where officers are satisfied that the subject is an illegal entrant, then the subject may be arrested and conveyed to the nearest custody office. The Version 2010 v4 NOT PROTECTIVELY MARKED 5

6 decision to arrest must however, be objectively considered and based on all the facts and circumstances available The key considerations in making a decision to arrest a suspected illegal entrant is to choose the least intrusive and damaging option. However, the detention of suspected illegal entrants is in most circumstances a reasonable and proportionate response and fulfils the duty of care towards what are vulnerable people e.g. suspected illegal entrant discovered in the rear of a heavy goods vehicle on the motorway network Equally, the arrest of illegal entrants will allow the UK Border Agency Enforcement and Compliance to identify and register asylum applications at the earliest opportunity The UK Border Agency Enforcement and Compliance MUST be notified immediately in all cases where suspected illegal entrants have been arrested. This task is the responsibility of the duty Custody officer The whole of the Cheshire Police area is covered by the UK Border Agency Enforcement and Compliance, whose office is based at Reliance House in Liverpool. UK Border Agency Enforcement and Compliance contact number: Office Hours Office Hours are 07:30 to 20:30 Monday to Sunday. The out of hours number is now at the Command and Control Unit on The earliest possible notice will allow the UK Border Agency Enforcement and Compliance to assess the level of response required Following notification of the UK Border Agency Enforcement and Compliance, the Custody Officer must ensure that Counter Terrorism Branch is informed via existing cover and on- call procedures (Counter Terrorism Branch cover until 10pm Mon-Fri and days at weekends outside these hours, if urgent contact the Head of Counter Terrorism Branch) Counter Terrorism Branch officers will liaise with the UK Border Agency Enforcement and Compliance and carry out a variety of checks on the suspect person(s) and assist with any resulting enquiries The UK Border Agency Enforcement and Compliance will attend the relevant Custody office in the majority of cases where suspected illegal entrants are detained. They will take responsibility for the processing of the detainee and notify the Custody Officer of any specific arrangements for the release of the detainee There are however occasions where the UK Border Agency Enforcement and Compliance will be unable to physically attend at the relevant Custody Office, due to other commitments In these circumstances, the UK Border Agency Enforcement and Compliance will require assistance from the police in the serving of notices and the taking of Version 2010 v4 NOT PROTECTIVELY MARKED 6

7 fingerprints or inform Custody that no further action is to be taken and advise to release There are a number of notices which may be served. The notices in all circumstances will be completed by the Immigration Officer and faxed to the relevant Custody Office for service. The notices must not under any circumstances be completed by police officers. The notices are in general as follows: Form IS 151a Notice to a Person Liable to be Removed. (Every IS151a should be accompanied by a form IS151a Part 2 Right of Appeal) Form IS 106 Release Order Form IS 96 Notification of Temporary Admission to a Person who is likely to be detained. Form IS 91R Reasons for Detention and Bail Rights. Form IS91 Detention Authority. If appropriate a form IS191RA (Risk assessment -medical / history of violence etc) should be completed and attached to the form IS91 before transfer to immigration custody. The Police do however serve the IM3. The IM/3 form (previously known as a Section 6 notice) is designed for Service on any FOREIGN NATIONAL who has been charged with an offence that if convicted could result in a custodial sentence. It gives the court a power to consider deportation in addition to any custodial sentence. Directions for service: a) Four copies are required per defendant. b) Insert the defendants name top left of page 1. c) The bottom of page 6 is signed by the defendant, dated and signed by serving officer (which can be you or any other officer). d) Give ONE copy of the forms to the defendant. e) Place ONE copy of the forms on the Narey file and bring the service to the attention of the CPS on the MG5 and MG6. f) Send the TWO remaining forms together with a copy of the Charge/ bail forms to the Special Branch Office at HQ Winsford. g) Make an entry onto the Custody record that the defendant has been served with an IM/3 Notice. Z:\IM3 - Immigration Form.doc One set of fingerprints should be obtained from the suspect, which must be taken on the Immigration Form Number IFB1. These forms are available at all Custody Offices. Enforcement and Compliance may also request that the subject be Livescanned. Staff should be aware that the Livescan facility does not automatically check Immigration databases, the officer performing the procedure should manually add the Immigration database to the parameters of the search. Version 2010 v4 NOT PROTECTIVELY MARKED 7

8 Following service of the relevant notices and taking of fingerprints, the UK Border Agency Enforcement and Compliance will offer advice on the detainee s release. In most cases, released persons are informed to attend at an Immigration Office for their claim to be further processed. In these circumstances the set of fingerprints taken are a vital tool in determining a suspect s identity, should they fail to attend the appointment with the UK Border Agency Enforcement and Compliance The UK Border Agency Enforcement and Compliance will also make contact with a group entitled Refugee Action, who are a Home Office funded charity tasked with assisting illegal entrants. Refugee Action will, on the instructions of the UK Border Agency Enforcement and Compliance, attend the relevant Custody office and assist the suspect illegal entrants The Custody Officer will ensure that two copies are made of all notices served on detainees. One copy should be retained with the Custody record and a further copy, together with the fingerprints taken should be forwarded via Recorded Delivery to: UK Border Agency (North West) Enforcement and Compliance Department 5 P.O. Box 306 Liverpool L2 OQN 2.5 Asylum Claimants at Police Stations Foreign Nationals should claim asylum on arrival at port or at one of the Asylum Screening Units (ASU) located across the country. A number of Subjects, however, only make an application for asylum on detection by the UK Border Agency or the Police When a subject has been identified and detained by the police and subsequently makes a claim for asylum, the local Enforcement Office should be notified at the earliest opportunity A decision will be made by the UK Border Agency as to how an asylum claim will be processed; each case will be looked at individually and factors such as age, vulnerability, nationality, family circumstances, available resources and how best to expedite a claim, will be considered An Immigration Officer may attend the police station in order to conduct a PACE interview to confirm the subject s immigration status and register the asylum claim with the Asylum Intake Unit (AIU). If the subject is suitable for Detained Fast Track (DFT), detention will be maintained and the subject moved to an Immigration Detention Centre If the subject is not suitable for Detained Fast Track, they will be served with reporting restrictions (IS96) and released from detention. Their asylum claim will be progressed through a series of reporting events and interviews. If accommodation is required, this will be arranged in Conjunction with the Asylum Intake Unit. Version 2010 v4 NOT PROTECTIVELY MARKED 8

9 2.5.6 Immigration Officers may be able to complete the above actions by telephone or fax, therefore speeding up the process A request may be made for the subject to be released from detention and advised to attend the nearest Asylum Screening Units (Croyden). This will enable their claim to be expedited, a status interview conducted and accommodation provided. 2.6 FINGERPRINTS The set of fingerprints taken for persons applying for asylum are stored by the UK Border Agency Enforcement and Compliance on their data systems. They are only destroyed if and when the person is granted asylum. The Asylum Fingerprint Bureau of the UK Border Agency Enforcement and Compliance will carry out a speculative fingerprint search on the written request of an officer of Superintendent rank subject to the terms and conditions of the Data Protection Act All enquiries must be directed through Force Special Branch. 2.7 INTERPRETERS The Border and Immigration Agency Enforcement and Compliance will, in most circumstances arrange for the service of an interpreter where necessary and will cover the full costs of these services. This is however, dependent on the UK Border Agency Enforcement and Compliance being informed of the arrest of a suspected illegal immigrant at the earliest opportunity There will be circumstances where an arrest is made outside the hours of the Immigration Office (reference paragraph ) and there is a need for an interpreter to comply with detainee s rights etc. In these cases consideration should be given to basic rights / detention advice being passed by the interpreter to the detainee by telephone. The subsequent provision of interpreter service for the processing of the detainee should then be undertaken by the UK Border Agency Enforcement and Compliance Representatives from the asylum community may act as informal interpreters at the discretion of the UK Border Agency Enforcement and Compliance, regarding immigration related investigations In relation to police led investigations, informal interpreters may only be used to assist in initial crime and incident reporting and the collection of community tension indicators. However, a police accredited interpreter MUST be used for all criminal investigations. 2.8 FACILITATION OF ILLEGAL ENTRY Section 25 (1) (a) & (b) of the Immigration Act 1971 established the offence of facilitating the entry into the UK of illegal entrants and asylum seekers. The Immigration and Asylum Act 1999 made the facilitation of illegal entry an arrestable offence and extended the liability of prosecution to the driver of any vehicle knowingly concerned in the making or carrying out arrangements for securing or facilitating illegal entry. Version 2010 v4 NOT PROTECTIVELY MARKED 9

10 2.8.2 The 1999 Act inserted a new section in the 1971 Act (Section 25A), creating a power to detain any vehicle involved in the facilitation of illegal entry until the suspect is charged, or if charged until the suspect is acquitted, committed or the charges dropped etc Potentially, this offence may be committed where illegal entrants are secreted in the rear of heavy goods vehicles. However, officers must act objectively in each case and consider that their actions must be both reasonable and proportionate. The following points may act as a guide: Any forced entry to the vehicle Is there any evidence to implicate the driver in a planned facilitation e.g. notes of where to pick up or drop off passengers Any large amounts of cash in the vehicle 2.9 ARRIVALS & RECEPTION OF ASYLUM SEEKERS It is important that the Constabulary is cognisant of the history and antecedents of asylum seekers re-located (by the Asylum Support Team) within the County. A number of asylum seekers will have a significant victim history having fled areas of conflict, may have military backgrounds, or others may arrive with established criminal backgrounds and a propensity to offend The Asylum Support Team has agreed that they will make data available with regard to asylum seekers being moved into a community area (via the Regional Consortia) to the Force Liaison Officer in the form of Address / Numbers (of asylum seekers) / Nationality / Age / Gender This information is not intended to identify individuals, but to enable police and partners to plan effective crime prevention strategies However, the Asylum Support Team, Regional Consortia and other agents providing asylum accommodation to the Asylum Support Team have agreed (under the provisions of the Data Protection Act 1998) to make Personal Data on asylum seekers available to the Police Service. However, in line with the principles of the Data Protection Act the reason for disclosure must be for the prevention, detection or investigation or prosecution of criminal offences, including offences under the Immigration and Asylum Act In circumstances where an asylum seeker (supported by the Asylum Support Team) is dealt with for a criminal offence and is remanded by a court, the Asylum Support Team will apply to the Constabulary for written confirmation of the details so that they can stop support whilst the asylum seeker is in custody. This provision of information by the Police is covered by Section 20 of the Immigration and Asylum Act Refugee Action assists the arrival of asylum seekers in communities by providing information and advice on language courses and other asylum support services. Local office contact details as follows: Refugee Action 64 Mount Pleasant Version 2010 v4 NOT PROTECTIVELY MARKED 10

11 Liverpool L3 5SD Tel: Not Protectively Marked 2.10 POLICING ASYLUM COMMUNITIES Area Commanders will establish, at a strategic level, a problem focussed partnership approach, in order to fundamentally determine long term sustainable solutions to problems in the asylum and wider community. Asylum issues should, when appropriate, be included within joint community safety strategies The Force Asylum Support Team Liaison Officer and Area Commanders should work together and seek to influence the housing of asylum seekers by the Regional Consortia where there is a potential for impact on public safety and disruption to community harmony Area Community and Race Relations Inspectors will lead on issues surrounding the policing of asylum seekers in Area areas and will facilitate partnership working at a local level. Community and Race Relations Inspectors should also establish a local directory of community contacts and voluntary groups involved with the asylum community Sector Inspectors will ensure that contact is made with asylum seekers arriving in their Area areas and that officers on Neighbourhood Policing Teams (NPTs) are aware of the nationality and history of the arrivals and provide long- term contact and support The policing implications of asylum seekers dispersed in local communities may include local resentment of asylum seekers perceived to be jumping queues for housing, health and other services. Officers should be mindful of racially aggravated offences which may be prevalent whilst investigating incidents and crimes Incidents involving asylum seekers, which are judged to be racial incidents e.g. any incident which is perceived to be racists by the victim or any other person MUST be reported in line with the Hate Crime Procedure In the event of problems involving asylum seekers in local communities, Area Commanders should ensure that the local community is kept informed and has the opportunity to air any grievances. Consideration should be given to the involvement of partners and support agencies in this process In the event of a large dispersal of asylum seekers, there are a number of common public concerns regarding asylum communities, which need to be recognised, including public disorder, begging, driving offences and shoplifting It is important that any offences committed against asylum seekers are dealt with in an impartial and professional manner. It is equally important that any offences committed by asylum seekers are dealt with in the same manner The key social issues involving asylum seekers often revolve around accommodation, health and education. Officers should be mindful of the potential Version 2010 v4 NOT PROTECTIVELY MARKED 11

12 for exploitation, particularly sexual exploitation of vulnerable people, including young children Community intelligence relating to asylum seekers will be captured, evaluated and where appropriated tasked within the adoption of the National Intelligence Model Missing Persons from asylum seeker communities must be dealt with as outlined in the Missing From Home Procedure. However, further assistance may be obtained through the Asylum Support Team and other asylum support services MIGRANT WORKERS Definition Guidance Migrant Worker/ Economic Migrant - a person who comes to the UK legally to seek work. Nationals and their immediate family members from many European Economic Area (EEA) and associate member countries can enter and work in the United Kingdom without any restrictions, just like British citizens. Nationals from the following countries have full freedom to work in the UK: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom Nationals from countries that require registration: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia Workers from these countries must also register with the Home Office, under the Worker Registration Scheme, unless they are exempt. Employers must check whether a candidate needs to register, or if they are exempt. Nationals from countries that require authorisation before starting work: Romania and Bulgaria Romanian and Bulgarian nationals must get authorisation from the Home Office before starting work in the UK, unless they are exempt. Employers should check whether a candidate needs to be authorised, or if they are exempt. The UK decided to limit access to its labour market following the European Commission s recommendation to permit Bulgaria and Romania to join the EU on 1 January From this date Romanians and Bulgarians have had the right to travel throughout the EU. In the UK low-skilled workers from Romania and Bulgaria are restricted to existing quota schemes to fill vacancies in the agricultural and food processing sectors. There has been no net increase in these existing schemes and workers are required to have an authorisation document. Version 2010 v4 NOT PROTECTIVELY MARKED 12

13 Skilled workers are able to work in the UK if they get a work permit or qualify under the Highly Skilled Migrant Programme, if they are a student, are self employed or as their dependents. Employers and employees have a duty to abide by these rules and there are controls in place for rogue employers and illegal workers, including fixed penalty notices. From 1 January 2007, restrictions on employed work for Romanian and Bulgarian workers have been as follows: skilled Romanian and Bulgarian workers with the right qualifications and experience will continue to be allowed to come to the UK on work permits to take up specific jobs where no suitable UK applicants can be found; Romanian and Bulgarian workers with particularly high levels of skills and experience will continue to be admitted as they are now under the Highly Skilled Migrants Programme; and low-skilled migration from Bulgaria and Romania will be restricted to those sectors of the economy where the UK already has low-skilled schemes and will be subject to a strict quota which will not exceed 20,000 workers per year. A2 workers on these schemes will have rights to work limited to six months that will not give them access to benefits and public housing. Bulgarian and Romanian students will continue to be allowed to study in the UK and to seek part-time employment during their stay but will need a work authorisation document to do so. The self-employed will continue to be able to work here, but must be able to prove they are genuinely self-employed Individual roles and responsibilities The Head of the Diversity Advisory Unit is responsible for maintaining regular contact with the Asylum Support Team and the Regional Consortia and liaison with Area Commanders in areas designated for asylum dispersal The Diversity Manager will ascertain the intended placement of asylum seekers and will work with Area Commanders where appropriate to seek to influence placements of asylum seekers where there are concerns for public safety and the disruption to community harmony The Detective Chief Inspector Counter Terrorism Branch is point of contact, at operational level, with the UK Border Agency Enforcement and Compliance with regard to all matters of intelligence and security The Chief Superintendent Operations is responsible for the development and monitoring of procedures regarding all operational policing issues Area Commanders are responsible for the area policing response to all asylum seeker and migrant worker issues and for liaising with partners and asylum/ migrant worker support groups at a strategic level. Version 2010 v4 NOT PROTECTIVELY MARKED 13

14 Area Community and Race Relations Inspectors are responsible for liaison with partners and asylum seeker and migrant worker support groups at a local tactical level Area Inspectors will ensure that local contact is established and maintained with local asylum seeker and migrant worker communities and support groups Neighbourhood Policing Team officers and PCSO s are responsible for establishing contact with local asylum seeker and migrant worker communities The Head of the Force Corporate Communications department is responsible for establishing the Force media strategy regarding asylum seekers and migrant workers Head of Training must ensure that asylum seeker and migrant worker issues are incorporated within corporate Community and Race Relations training All officers must ensure that their actions are lawful, justified and proportionate, having considered the least intrusive and damaging options in seeking to achieve the legitimate aims. All decisions must be documented, together with the outcomes of each decision Cheshire Immigration Crime Team is responsible for dealing with organised immigration crime in the Force Area MEDIA The dispersal of asylum seekers in any community area is likely to generate a high degree of media attention and the police response must be positive, factual and impartial. Support and guidance on the corporate response to these issues may be achieved through liaison with the Corporate communications Department TRAINING Training issues relating to asylum seekers should be incorporated within corporate Community and Race Relations training In circumstances where there is a need for a specific training package relevant to a local asylum seeker community (e.g. awareness of a style of living linked to a particular religion or country) then a relevant package should be developed by the Area Training Manager, but must be ratified by the Head of Training 2.16 INFORMATION & INTELLIGENCE EXCHANGE There is an intelligence capability within the UK Border Agency Enforcement and Compliance using the National Intelligence Model (NIM) framework. This allows timely collation and analysis of intelligence, to inform decision making and determine operational activity. The UK Border Agency Enforcement and Compliance operates the SxSxS system and follows the Tactical Tasking and Coordination Group processes. Version 2010 v4 NOT PROTECTIVELY MARKED 14

15 2.17 Appendices Not Protectively Marked Appendix A Arrests in the Community by Immigration Officers Service Level Agreement. Failed Asylum Seelers SLA Appendix B Visit / Enforcement Notification Forms (VEN1, VEN2) UKIS VEN 2.18 Motivators/Driving Forces The existing asylum seeker policy was due to be reviewed and there is no current existing policy for migrant workers In view of the continuing growth in the number of migrant workers in the United Kingdom, there is a significant potential that the number currently residing and working in Cheshire will increase over the forthcoming years The ACPO Guide to Asylum Seekers advises forces to formulate policy and establish liaison and contact processes in order to police asylum communities The ACPO Guide identifies a lack of consistency in relation to how forces tackle situations where police officers encounter suspect illegal entrants e.g. discovered in the rear of a vehicle etc. Some forces arrest the suspect illegal entrants; others have established procedures to determine identity at the roadside, whilst a number of forces choose to simply direct the suspects to the nearest Immigration Office The Constabulary has to date, adopted an ethical approach to this issue, by detaining and arresting suspects allowing the UK Border Agency Enforcement and Compliance to process asylum claims. This fulfils a duty of care towards what are generally vulnerable people. This stance has been previously instructed via a memorandum from the Detective Chief inspector Counter Terrorism Branch and is formalised within this policy In addition to the national protocol (reference paragraph 3.1.8), the requirement for the police to support the UK Border Agency Enforcement and Compliance is further highlighted through a Best Value Performance Indicator (Community Policing 7.15) as follows: percentage of successful requests from the Border and Immigration Agency Enforcement and Compliance for assistance in removing immigration offenders.' This document establishes clear policy and guidance in relation to the following: Specific background guidance for officers The formal establishment of Liaison Officers and points of contact. Introduction of a Service Level Agreement with the Immigration Version 2010 v4 NOT PROTECTIVELY MARKED 15

16 Service arrest teams who target failed asylum seekers. The formalisation of an arrest policy for illegal entrants supported by clear procedures. Guidance regarding offences of facilitation of illegal entry. Guidance and procedures regarding the arrivals and reception (in communities) of asylum seekers. Guidance and procedures regarding the policing of asylum communities Click Here to Return to Index 3. Procedure Aim 3.1 The procedure aims to introduce clear directives to accord with the following key principles: Asylum seekers and Migrant Workers are entitled to the same protection to live free from crime, harassment and intimidation as any other member of our society. The Police Service shares responsibility for the safety of Asylum Seekers and Migrant Workers with other statutory agencies and the community. Success will be dependent upon effective partnerships Asylum seekers and Migrant Workers who offend will be treated in the same manner as any other offender who challenges the rule of law. 4. Appeals Click Here to Return to Index 4.1 Members of staff may appeal against the application of this procedure to their supervisor via the Constabulary Grievance Procedure. Members of the public may appeal against the application of this procedure verbally or in writing via the police complaints procedures. 5. Review Click Here to Return to Index 5.1 This procedure will be reviewed annually after it has been ratified and the following will be considered: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (High Equality Impact Assessment Template) Version 2010 v4 NOT PROTECTIVELY MARKED 16

17 5.2 The review will ensure that the information is still relevant and that its application is fair and proportionate. Click Here to Return to Index Version 2010 v4 NOT PROTECTIVELY MARKED 17