THE government could face legal action over a new rule that will see non-British citizens deported for being homeless. 

Campaigners argue that the rule, which came into force today, effectively “criminalises migrant destitution.” 

Under the changes, rough sleeping will be considered a basis for refusal or cancellation of someone’s stay in Britain. 

But the government could be forced to scrap the new policy. 

Public Interest Law Centre (PILC) is preparing to launch a legal action to challenge the “cruel” new rule, and has set up a crowdfunding campaign (https://www.crowdjustice.com/case/stop-the-government-deporting-rough-sleepers/) to cover legal costs. 

Benjamin Morgan, who runs PILC’s homeless rights project for European citizens, warned that the policy is likely to deter migrants, including victims of trafficking and modern day slavery, from seeking support for fear of being reporting to the authorities. 

“Apart from being cruel and inhumane, these new measures will be counterproductive in terms of efforts to reduce rough sleeping, as they are likely to deter vulnerable migrants from seeking the support they need to leave the streets,” he said. 

“The government is effectively criminalising migrant destitution, a phenomenon which is in large part the direct result of deliberate Home Office policy.”

Many migrants face restrictions to accessing benefits and housing under the no recourse to public funds (NRPF) rule, which campaigners argue is a major driver of migrant destitution. 

It comes after PILC successfully challenged a similar policy in 2017 that interpreted rough sleeping as an “abuse” of EU free movement rights. 

The policy was ruled unlawful by the High Court and the government was forced to stop deporting rough sleepers – but not before hundreds had already been removed. 

The new rule is part of a wider overhaul of immigration policies which will make it more difficult for foreign nationals, including EU citizens, to enter and stay in Britain after Brexit. 

Mr Morgan said the government is using Brexit “in an attempt to resurrect an old policy in a broader form.

“However, we believe that these new changes, too, are unlawful,” he added. 

PILC, acting on behalf of Refugee and Migrant Forum of Essex and London (RAMFEL), said it is prepared to take legal action if the government refuses to reconsider the policy. 

The group’s crowdfunder has already hit the initial £5,000 target but PILC is still urgently seeking additional funds to ensure all legal costs are covered if the challenge is not successful.   

Ramfel group’s chief executive officer James Tullett told the Morning Star that the new policy will create a “chilling effect” that will make rough sleepers too scared to ask for help.

“During the time that intervention is most needed to prevent rough sleeping and safeguard vulnerable people the government is creating isolation and fear,” he said. 

The Home Office said that the rule will only apply to a “small minority” of non-British rough sleepers as a “last resort” in cases where they have refused assistance or engaged in persistent anti-social behaviour.