The UK government has confirmed that compensation will be paid to migrants whose mobile phones were confiscated after they arrived in the UK by small boat, following a High Court ruling that the practice was unlawful.
Dozens of individuals are expected to receive payouts after the court found that a blanket policy introduced in 2020 allowed officials to seize phones and SIM cards from asylum seekers without a lawful basis. The 2022 judgment by the High Court of England and Wales concluded that the policy breached privacy and human-rights protections.
Reports indicate that each affected person could receive around £6,587 in compensation, although the exact number of eligible claimants has not yet been confirmed. The UK Home Office acknowledged that compensation will be paid but said the payments relate to a policy implemented by the previous government which is no longer in force.
The ruling has drawn criticism from some politicians. Robert Jenrick described the decision as a waste of taxpayer money, according to media reports. However, the Home Office emphasised that current legislation now provides a clearer legal framework for device seizures.
New powers under the Border Security Act
While compensation is being paid for past unlawful seizures, the government has introduced expanded legal powers under the Border Security, Asylum and Immigration Act 2025, which came into force on 5 January 2026.
Under the new law, immigration officers and law-enforcement agencies can seize and search mobile phones in specific circumstances, particularly where devices may contain intelligence related to people-smuggling networks or organised immigration crime. Officials say these measures are intended to help disrupt criminal gangs facilitating irregular Channel crossings.
The Home Office confirmed that phone seizures have already begun at the Manston short-term holding facility, with technology available on site to extract intelligence from devices. Officers from the National Crime Agency, police, and immigration enforcement units can also exercise these powers during searches of vehicles, properties, or individuals in certain operations.
The legislation also allows officers to request that migrants remove outer clothing and, in some cases, conduct searches for concealed SIM cards.
Concerns from rights groups
Human-rights organisations and migrant-support groups have expressed concern about the scope of the new powers. Critics argue that the provisions risk disproportionately affecting vulnerable people, including trafficking victims and asylum seekers, and may conflict with international legal obligations.
A parliamentary committee report previously warned that the wording of the law could mean that anyone crossing the Channel might be treated as reasonably suspected of holding information linked to irregular migration.
The Migrant Rights Network has criticised what it describes as a “counter-terror style” approach to migration enforcement. Meanwhile, the Jesuit Refugee Service UK said that for many migrants, mobile phones are essential for maintaining contact with family, storing documents, and supporting asylum claims.
Support organisations reported that some individuals lost contact with relatives for weeks after their devices were taken, while others lost access to important documents stored on their phones.
News Source: InfoMigrants
LawSentis thoughts
This case highlights the ongoing tension between stronger immigration enforcement and the protection of fundamental rights. While the new legislation gives authorities clearer powers to seize devices for intelligence purposes, those powers must still be used lawfully and proportionately.
How the rules are applied in practice will be crucial. Any overly broad or improper use could face further legal challenge, particularly where vulnerable individuals or sensitive personal data are involved.
Overall, the ruling is a reminder that enforcement policies must remain compliant with UK law and human-rights obligations, and affected individuals should seek legal advice where necessary.