Small boats ‘one in, one out’ scheme faces new authorized problem as Channel migrants declare it ‘breaches their rights beneath trendy slavery legal guidelines’

Labour’s ‘one in, one out’ migrant deal with France is facing a new legal challenge.

The policy which came into operation last summer face legal action in the High Court from 16 migrants on Wednesday.

Their challenge is understood to claim the deal breaches modern slavery laws and an international treaty which sets out how governments should deal with claims of human trafficking.

It opens up the prospect of Labour’s flagship policy to deal with the Channel small boats crisis being brought to a halt by international treaties – of which former human rights barrister Sir Keir Starmer has been a staunch advocate.

Shadow Home Secretary Chris Philp said it was further evidence that Britain needed to leave international conventions in order to tackle the Channel crisis.

Labour scrapped the previous government’s Rwanda asylum deal just as it was poised to finally get off the ground, and after the scheme had spent two years in legal limbo amid similar legal challenges.

A further 322 migrants reached the UK on Monday, pushing the total to have come under Labour past 66,000.

Earlier this week it emerged that more migrants have arrived during Sir Keir’s time in Downing Street than under any other prime minister, overtaking the previous high of 65,811 under Boris Johnson.

Migrants sprint across Gravelines beach in northern France to board a smugglers’ dinghy  in August last year 

 The record under Sir Keir has been reached in just over 19 months, compared with three years under Mr Johnson.

Border security and asylum minister Alex Norris said of the new legal action: ‘Last-minute modern slavery claims must never be used to prevent the removal of illegal migrants.

‘The Government will fight any legal attempt in the courts to frustrate their removal or deportation.

‘These cases are exactly why we are reforming our laws to stop these last-minute claims and restore order and control to our border.’

Conservative frontbencher Mr Philp said: ‘The Government’s so-called ‘one in, one out’ policy was always a gimmick – just like their laughable claim to smash the gangs.

‘Last year they let in 41,000 illegal Channel immigrants and only removed 300 to France.

‘That’s no deterrent.

‘No wonder illegal Channel crossings are up 42 per cent since the election.

‘And now even this gimmick faces legal challenge.

‘We need to leave the European Convention on Human Rights (ECHR) and the modern slavery treaty – then every illegal immigrant can be deported within a week of arrival with no messing around.’

The new legal action comes after initial claims last summer managed to delay – but not block – the first deportations to France.

Tomorrow’s hearing will look at whether interim injunctions should be granted in some of the 16 cases and seek to decide how other claims should proceed.

Some of the challenges are also understood to claim that male migrants sent back to France under the deal receive inadequate support.

The Channel crisis has now entered its ninth year and the total number of migrants to have reached Britain now stands at more than 193,000.

Home Secretary Shabana Mahmood admitted to MPs last week that the ‘one in, one out’ deal had ‘obviously not dented the numbers yet’.

So far 367 migrants have been brought into the UK under the reciprocal terms of the treaty and only 305 have been removed, she said.

The scheme has ‘probably not’ affected migrants’ decisions to cross the Channel, she told the Commons’ home affairs select committee, and they ‘may well be banking on it not working or not being able to be scaled up’.

She also declined to give a commitment that Labour’s asylum reforms will start to see a fall in the number of small boat arrivals by next year.

There were 41,472 small boat crossings last year compared with 36,816 in 2024.

Asked whether she could confidently say numbers would go down by this time next year, Ms Mahmood said Labour’s reforms would ‘take some time to come into effect’, adding: ‘I can’t guarantee I’m going to be in that position.’

Labour has announced it will reform modern slavery laws, the asylum appeal system and restrict the way migrants can use the ECHR’s ‘right to private and family life’, but any changes are still some way off.