Can the police check my immigration status in England and Wales?

The police in England and Wales do not have a general power to stop people on the street and demand proof of their immigration status. There is no "papers please" law. A constable's powers to stop, search, and question individuals must be grounded in specific statutory provisions, and immigration status alone is not a basis for any of them. Section 1 of PACE only allows stop and search on suspicion of carrying stolen goods, prohibited articles, or offensive weapons: immigration status has nothing to do with these powers.

However, once a person comes into contact with the police for another reason, such as an arrest, a traffic stop, or as a victim or witness of crime, the position becomes more complex. PACE Code C, paragraph 3.21A requires the custody officer to inform the Home Office if there is any indication that a detained person may be a foreign national. In practice, this means that if you are arrested and your nationality comes to the officer's attention during the booking-in process, immigration enforcement may be notified.

The Immigration Act 2016 introduced provisions for data sharing between police forces and the Home Office as part of the hostile environment policy (later rebranded as the compliant environment). Under these arrangements, police can share information about individuals with Immigration Enforcement. This has been criticised by campaign groups and some police forces on the grounds that it deters victims of crime from reporting offences. Several forces, including some metropolitan forces, have adopted policies of not routinely sharing the details of victims and witnesses with immigration enforcement.

If you are a victim or witness of crime, the police should prioritise your safety and the investigation over your immigration status. The National Police Chiefs' Council guidance states that victims and witnesses should be treated first and foremost as victims and witnesses, and that immigration enforcement is a matter for the Home Office, not the police. In practice, however, the extent to which individual forces follow this guidance varies.

You cannot be detained by the police solely on the basis of suspected immigration irregularity. Only immigration officers have the power to detain under Schedule 2 to the Immigration Act 1971. If police officers detain you and hand you over to immigration enforcement, this should be documented. If you believe you have been unlawfully detained or that your immigration status has been improperly used against you, seek legal advice from an immigration solicitor as soon as possible.

Key Points

• Police have no general power to stop you and check your immigration status
• Immigration status is not a valid ground for a stop and search under PACE
• PACE Code C requires custody officers to notify the Home Office if a detained person appears to be a foreign national
• Data sharing agreements allow police to share information with Immigration Enforcement
• Victims and witnesses should be treated as such first: immigration status is secondary
• Only immigration officers can detain under Schedule 2 to the Immigration Act 1971
• Several police forces have policies against routinely sharing victim and witness details with immigration enforcement
• If you believe your rights have been breached on immigration grounds, seek specialist legal advice immediately