Update from Leena Chouhan, Head of Immigration at Taylor Hampton Solicitors
Our August 2020 update took a closer look at the Windrush affair and immigration. Windrush concerned immigrants coming to the UK from 1948 – 1971 on the MV Windrush and primarily from the Caribbean. However, the term expanded to include immigrants from other countries such as Kenya, India, Pakistan and South Africa.
The Windrush scandal exposed some racial biases within UK immigration policy. Now, with the Home Office’s reluctant publication of the independent review “The Historical Roots of the Windrush Scandal”, we have a chance to examine how immigration legislation from 1950 to 1981 managed race and immigration issues in Britain’s political history.
What are the results of the independent review?
This report offers a detailed examination of what are deemed racist foundations of past immigration policies. Its release, however, was not voluntary; a tribunal decision forced the Home Office to disclose it. This move raises questions about how transparent the government is regarding the lessons from the Windrush scandal. In this article, we outline some key elements of the report and report on these historical injustices as we look to the future.
The Background: A Call for Learning
Wendy Williams’ “Windrush Lessons Learned Review” published in March 2020, marked a pivotal moment in the UK’s reflection on immigration policy. One of its key recommendations urged the Home Office to implement a learning and development program. This program hoped to teach staff about the UK’s colonial past, its migration history, and the experience of Black Britons. Williams argued that a better understanding of these topics could prevent similar mistakes in the future.
The Home Office initially responded by commissioning an independent historian to write “The Historical Roots of the Windrush Scandal.” The report was meant to be an internal resource for staff, offering historical context on how immigration policies developed alongside the British Empire’s racial and colonial legacy. Although published internally in 2021, someone leaked it to the public, sparking widespread interest and Freedom of Information (FOI) requests.
The Findings: Race and Immigration Policy
Indeed, the report’s findings are both revealing and troubling. It confirms that between 1950 and 1981, every major immigration or citizenship law was, at least in part, designed to limit the number of non-white individuals entering or staying in the UK. The focus of legislation in 1962, 1968, and 1971 was clear: reduce the number of Black and Brown people in the UK. The report traces this to the political and social legacy of the British Empire, where racial hierarchy was built into the immigration process.
Moreover, the findings claim that racism was embedded in the Home Office’s decision-making processes. Worryingly, the report emphasizes that Black Britons were disproportionately affected by immigration laws. These laws shaped their experiences with the Home Office, making them fundamentally different from those of white Britons.
Additionally, the report highlights a paradox. While the government promoted racial equality through its race relations policies, its immigration policies assumed that too many non-white immigrants posed a threat to society. This conflicting approach created a difficult relationship between the Home Office and those organisations aimed at tackling racial discrimination. Thus it was harder to address racial inequities effectively.
HMT Empire Windrush
A Look Forward: Have Lessons Been Learned?
The Home Office held this report for two years and fought to keep it from public view. During this time, it took decisions that continue to have discriminatory effects, as evidenced by a recent tribunal case. It ruled that dropping some of Wendy Williams’ other recommendations was indirectly discriminatory based on race.
Thus, the question on people’s minds now is: Have lessons truly been learned from the Windrush Affair revew? While this report serves as an important document of the historical situation, it should also be a wakeup call. In other words, we should not let these insights to simply sit in a file, collecting dust. Racism in immigration policy is not just a thing of the past. It remains a present and pressing issue.
Conclusion
Certainly, The Windrush Affair revealed a disturbing truth: immigration policy in the UK demonstrates an element of racism. The “Historical Roots of the Windrush Scandal” report highlights how decisions made decades ago continue to impact the lives of Black Britons today. Acknowledging these historical injustices is only the first step.
It is tempting to place the blame solely on government ministers, but Home Office submissions and advice are equally complicit. Moving forward, it is crucial that the Home Office not only acknowledges these issues but actively works to address and rectify them. True progress requires transparency, accountability, and a commitment to ending racial disparities in immigration policy.
The question remains: Will the government finally learn from its past, or will history repeat itself?
FOR MORE INFORMATION
For the full update from the Home Office See HERE:
For more information on our immigration services see HERE: