UK looks to resurrect plan to deport illegal immigrants to Rwanda with bill to bypass human rights law

The British government is moving forward with a plan to deport illegal immigrants to Rwanda, introducing legislation to find a way around a devastating court ruling that blocked the controversial plan last month – with language that would override parts of U.K. human rights law.

Draft legislation published by the Home Office this week would establish Rwanda as a safe country to where illegal immigrants can be sent, and expedite the ability of the government to quickly remove those in the country without authorization. It would also mean that no court could challenge the claim that Rwanda is a safe country and would "disapply" human rights law related to asylum claims.

The government claims it deals with the reasons for which the U.K.’s Supreme Court blocked the policy last month. Prime Minister Rishi Sunak has faced intense criticism both from the left over the policy itself and from the right for his failure to implement it.

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On Thursday he said he would "do what is necessary" to revive the stumbling policy, which was unveiled in 2022 but has yet failed to deport a single illegal immigrant due to ongoing legal challenges. The bill is designed to put an end to the legal challenges by giving the U.K. a clear green light on the policy.

British Prime Minister Rishi Sunak gives an update on the plan to "stop the boats" and illegal migration during a press conference in the Downing Street Briefing Room in London, Thursday Dec. 7, 2023. (James Manning/Pool via AP)

"We will get flights off the ground," Sunak said.

Sunak’s Conservative Party has struggled for years to deliver on repeated promises to stop the flow of illegal immigrants, mainly migrants coming across the English Channel from France on small boats, despite a significant parliamentary majority since 2019.

According to The Associated Press, more than 29,000 people have hit the shores of Blighty this year on small boats, after over 46,000 last year.

Supreme Court judges blocked the Rwanda policy last month, concluding that "there is a real risk that asylum claims will not be determined properly, and that asylum-seekers will in consequence be at risk of being returned directly or indirectly to their country of origin."

However, the government noted that the court found that the fundamental principle of moving migrants to a safe third country was lawful and pledged to continue, promising to "revisit our domestic legal frameworks" if needed.

However, the new legislation has done little to silence Sunak’s right-wing critics in his own party. Immigration Minister Robert Jenrick resigned this week, saying the new draft bill would not work and is not strong enough.

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Protesters stand outside the Supreme Court in London, Wednesday, Nov. 15, 2023. (AP Photo/Kirsty Wigglesworth)

Last month, Sunak was excoriated by former Home Secretary Suella Braverman, a hardliner on immigration who accused Sunak of failing to deliver on the Tories’ promises to the public on immigration. She accused him of not making adequate preparations, including reconsidering U.K. commitments to the European Convention on Human Rights and similar obligations. 

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The legislation also drew criticism from left-wing lawmakers and human rights groups who object to what they see as a breach of the country’s human rights obligations. 

The bill is scheduled to be voted on Tuesday in the House of Commons and will pass unless a significant number of Conservative Party lawmakers break with their government. 

Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.

He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. or on Twitter.