The Home Office is being investigated over whether it breached equality law when it introduced the “hostile environment�? immigration measures that caused catastrophic consequences for thousands of Windrush generation residents living legally in the UK.
As part of a drive to end the “systemic and entrenched race inequalities that exist in our country�?, the Equality and Human Rights Commission will use its legal powers to examine whether, and how the Home Office complied with the public sector equality duty, when it implemented tough new immigration legislation aimed at making life extremely difficult for undocumented illegal immigrants.
The EHRC will assess whether the department considered the likely impact of its policies on the Windrush generation, particularly in the wake of warnings from legal charities that many in this group had no documentation and were consequently likely to be badly affected by the new policies.
Thousands of people who came to the UK entirely legally in the 1950s and 1960s found themselves wrongly classified unlawful residents, in the wake of tightened immigration legislation introduced when Theresa May was home secretary.
As a result many lost their homes, were sacked from their jobs, or were denied healthcare and in extreme cases, some were detained and deported. An independent review into what went wrong, the Wendy Williams Lessons Learned review, published in March, concluded that the Home Office demonstrated “institutional ignorance and thoughtlessness towards the issue of race�?, and prompted an apology from the home secretary Priti Patel.
David Isaac, chair of the Equality and Human Rights Commission, said: “The Windrush scandal and hostile environment policies have cast a shadow across the UK and its values. We are working with the Home Office to determine what must change so that this shameful period of our history is not repeated.
“The impact of Covid-19 and the killing of George Floyd by US police officers has resulted in urgent calls for action to end the systemic and entrenched race inequalities that exist in our country. The law requires that all public bodies must promote inclusivity and opportunity by considering the impact their policies have on ethnic minorities.�?
An alliance of 16 anti-racism groups called on the EHRC to launch an investigation into the extent of institutional racism within the Home Office in the wake of the publication of the Williams lessons learned review in March.
Patrick Vernon, a campaigner on Windrush, welcomed the decision to launch an investigation. He has organised a petition, so far signed by over 100,000 people, calling for the full implementation of all 30 recommendations set out in Williams review. So far the home secretary has only committed to “review and reflect on the recommendations�? over the coming months.
“The hostile environment is racist and part of the wider structural racism of the Home Office. The ‘lessons learned review’ is a damning indictment on Home Office attitudes and culture of the government in how they treated the Windrush Generation,�? he said.
Labour MP Yvette Cooper , chair of the home affairs committee, said she was concerned that the Home Office had made slow progress in acting to rectify the mistakes made. “The home secretary has committed to looking at the recommendations of the Wendy Williams review, but after successive home affairs committee reports raising serious concerns about hostile environment measures, casework culture and the culture of targets in the Home Office, progress has been slow. It is vital that the government immediately accepts Wendy Williams’ recommendation for a full review and evaluation of the hostile environment policy and measures.�?
Kimberly McIntosh, of the Runnymede Trust, said: “With the immigration bill making its way through parliament, it’s time to tackle the longstanding injustices that permeate our immigration system. The government should implement the full set of recommendations made in the lessons learned review and end the hostile environment policies that wrought havoc on the lives of not just the Windrush generation, but countless others.�?
A Home Office spokesperson said:
“We are carefully considering the findings of the Windrush Lessons Learned review and will respond shortly to those important recommendations. We will also work with the EHRC on the review they have launched.�?