Legal Challenge Emerges as Migrants Contest Starmer’s Controversial Deportation Scheme

Hannah Clarke, Social Affairs Correspondent
5 Min Read
⏱️ 4 min read

A group of migrants has initiated a legal challenge aimed at halting deportations under the UK’s contentious one-in, one-out agreement with France. This initiative has raised significant concerns about the treatment of trafficking victims and modern slavery survivors, as critics argue that the deal fails to protect vulnerable individuals.

Migrants Take a Stand Against Deportations

On Wednesday, 11 February 2026, a cohort of 16 migrants will present their case in the High Court, asserting that the current scheme violates modern slavery legislation. The agreement facilitates the return of individuals who arrive in the UK via small boats in exchange for the UK accepting a corresponding number of asylum seekers from France. According to Alex Norris, the Minister for Border Security, these legal challenges exemplify the need for reform, claiming that modern slavery claims should not obstruct the removal of migrants deemed illegal.

So far, the one-in, one-out programme has seen the arrival of 367 migrants to the UK, with 305 already returned to France. However, the scheme has attracted severe criticism from various charities that warn it places survivors of torture and trafficking in perilous situations within “prison-like” detention facilities.

Charities Raise Alarm Over Detention Conditions

A coalition of 22 British and French charities has sent an urgent letter to the government, calling for an immediate cessation of what they describe as a “dangerous scheme.” Many charity workers who have engaged with detained migrants report alarming rates of mental health issues among these individuals, including self-harm and attempts at suicide. Notably, at least 29 migrants believed to be children have been held under this agreement, raising further ethical concerns.

Maddie Harris, the director of the Humans for Rights Network (HFRN), expressed grave concerns about the methods employed in assessing the ages of these migrants. She noted that many assessments rely solely on physical appearance and demeanour, which can lead to wrongful detentions. Harris highlighted that several age-disputed minors have already been removed under the scheme, despite lacking adequate legal representation or support.

Mental Health Crisis Among Detained Migrants

The situation grows increasingly dire as many of those detained find themselves unable to access necessary legal advice, with law firms overwhelmed and lacking capacity to take on new cases. Medical Justice, a charity focused on healthcare for detained individuals, has reported that out of 20 clients they assessed, 15 presented with post-traumatic stress disorder (PTSD), while 14 had documented evidence of trafficking. These findings underscore the need for urgent reforms to ensure that vulnerable individuals receive the protection they deserve.

The conditions within detention facilities have been described as distressing, with a recent report from the prison inspectorate revealing severe mental health crises among detainees. Guards reportedly employ physical restraints, which can re-trigger traumatic memories for individuals with a history of violence or torture. The use of riot shields, dogs, and pepper spray during protests against the scheme has further exacerbated concerns about the treatment of detainees.

Government Response and Ongoing Scrutiny

In response to these criticisms, a Home Office spokesperson asserted that robust procedures are in place to protect unaccompanied minors from removal under the treaty with France. However, charity representatives, including Harris, argue that the reality of detention undermines fair assessments of age and wellbeing.

While a recent report suggested that the treatment of detainees during deportation flights was generally respectful, it also pointed out a lack of information provided to migrants about their situation upon arrival in France. This lack of transparency raises further questions about the overall effectiveness and humanity of the one-in, one-out scheme.

Why it Matters

The legal challenge against the one-in, one-out deportation deal highlights a broader issue surrounding the treatment of vulnerable migrants within the UK asylum system. As the plight of these individuals comes to the forefront, it is crucial for society to engage in meaningful discussions about human rights, legal protections, and the responsibilities we hold towards those fleeing persecution. This case not only impacts the lives of the involved migrants but also sets a precedent for how we treat the most vulnerable members of our communities, urging a collective reflection on compassion and justice in our immigration policies.

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Hannah Clarke is a social affairs correspondent focusing on housing, poverty, welfare policy, and inequality. She has spent six years investigating the human impact of policy decisions on vulnerable communities. Her compassionate yet rigorous reporting has won multiple awards, including the Orwell Prize for Exposing Britain's Social Evils.
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