New powers to seize phones from migrants arrive without arrest
The UK has introduced new powers that allow authorities to seize mobile phones from migrants without the need for an arrest. This change, announced by government officials, is intended to streamline border processing and assist in verification, intelligence gathering, and evaluating eligibility for asylum claims. Critics warn that the measure could raise concerns about civil liberties, data protection, and the treatment of people seeking asylum.
What the policy covers
The policy principally enables border and immigration officers to seize mobile devices from individuals encountered during asylum or migration checks. The aim is to access contact histories, stored contacts, messages, and other data that could help establish a person’s itinerary, prior sponsorship, or potential links to smugglers and organised smuggling networks. The government says the tools will be used proportionately and with appropriate safeguards, including clear limits on what data can be examined and for how long it can be retained.
Legal safeguards and oversight
Officials emphasise that the power operates within the rule of law and data protection obligations. The policy outlines when a seizure is permissible, how evidence is handled, and the rights of individuals to access or challenge the data obtained. Independent scrutiny, such as oversight bodies and judicial review, remains a potential recourse for migrants who feel their rights have been violated or privacy has been improperly compromised.
The broader context: Channel crossings
2025 has seen a record pace in crossings by small boats from France to the UK. Between 1 January and 31 December 2025, a total of 41,472 people crossed the English Channel by small boat, reflecting a 13% rise on the previous year’s comparable period. The ongoing surge has intensified debates about border controls, asylum processing capacity, and the balance between deterrence and humanitarian obligations.
Implications for migrants
For migrants, the power to have devices scanned could affect the speed of processing and the immediacy of claims. Proponents argue that better information flows help verify identities and prevent exploitation by smugglers. Opponents warn that data drawn from phones might be used in ways that go beyond asylum decision-making, potentially exposing sensitive personal information or exposing individuals to additional risk if data is mishandled.
What this means for UK border policy
As part of a broader strategy to reform asylum processing and deter dangerous crossings, the phone-seizure measure is among several changes designed to improve operational effectiveness at the border. The policy may influence how quickly asylum claims are assessed and how authorities interlink information from phones with other evidence gathered during interviews and investigations. Observers will watch for how the policy interacts with human rights obligations and the practical realities faced by migrants at sea and on arrival.
What to watch next
Key questions for policymakers and rights groups include: How are data protection standards enforced in practice? What remedies exist if data is misused? How will authorities determine proportionality and necessity in each case? And how will the policy affect the wellbeing and safety of migrants who are navigating perilous journeys to seek sanctuary in the UK?
Bottom line
The new power to seize phones from migrants without arrest marks a notable shift in border enforcement in the UK. It arrives amid a high-stakes debate about the best way to manage asylum claims, deter dangerous crossings, and uphold human rights. As the policy unfolds in practice, much will depend on safeguards, oversight, and the transparent reporting of its impact on both border control and migrant welfare.
