Immigration Amendment Bill closes illegal immigration loopholes

• The Immigration Amendment Bill closes loopholes and strengthens enforcement while protecting rights.
• It sets clear rules for detention and deportation, with magistrates overseeing decisions.
• Children will be protected under child welfare laws, with detention only as a last resort.

Today's passing of the Immigration Amendment Bill in the National Assembly strengthens the arm of Home Affairs Minister Leon Schreiber to build on the Immigration enforcement successes of the past year.

For years, our immigration system has operated with loopholes that left both South Africans and vulnerable migrants at risk. This Bill closes those gaps in a way that is fair, firm, and in line with our Constitution.

Up until now, decisions about whether to detain or release undocumented immigrants were inconsistent, open to abuse, and often tied up in lengthy court battles. The new law will set out clear rules so that immigration officers and magistrates make decisions based on the same standards, not on discretion.

This protects people from being held unfairly, while also ensuring that deportations are carried out more swiftly and cannot easily be overturned. It is costing R427 per day to detain an illegal foreigner and so it is important to prevent endless appeals and litigation that only delay deportations.

The Bill also places Magistrates courts back at the centre of the process. Nobody may be detained without a magistrate's approval, and any longer stays must be reviewed by the courts. This is an important safeguard for human rights and for restoring confidence in the system.

Children will no longer simply be processed as "illegal immigrants." They must be referred to child protection services, and detention will only ever be allowed as a very last resort under court supervision. This is a vital step to protect children from exploitation and ensure that their best interests always come first.

By putting these protections in place, Parliament is strengthening the progress already being made at our borders and inside the country. Enforcement is now backed up by a stronger legal foundation that makes sure successes last.

The DA welcomes the Bill because in South Africa, we believe that the rule of law is non-negotiable, that children must be protected, and that illegal immigration must be confronted head-on so that we are not denied the benefits of lawful tourism and foreign investment into South Africa that will help grow the economy and create jobs.