What was meant to be a bold step in fixing Britain’s Channel crossings crisis has quickly run into major legal turbulence.
The Labour government’s “one in, one out” returns deal with France is already being undermined by last-minute challenges from migrants, sparking a fierce response from Home Secretary Shabana Mahmood.
She insists these eleventh-hour claims — especially those based on alleged “modern slavery” — are making a mockery of Britain’s laws.
But after just a few weeks in action, the plan is already bogged down in injunctions, courtroom delays, and accusations of “border chaos” from the opposition.
Mahmood Pushes Back Against Legal Loopholes
Shabana Mahmood didn’t hold back in her language, calling last-minute legal tactics “intolerable.”
She warned that migrants suddenly claiming to be victims of exploitation just before deportation “mock this country’s generosity.”
The Home Secretary pledged to fight “vexatious” claims at every step, even promising to defend the policy in court and review the Modern Slavery Act to close off opportunities for misuse.
Yet her tough stance comes just as judges imposed the first delay — a 14-day pause in deporting an Eritrean man who said he had been trafficked in Libya.
First Court Case Opens the Floodgates
The High Court ruling in favour of the 25-year-old Eritrean migrant marked the policy’s first real test — and revealed just how vulnerable the plan is.
Initially, the man told immigration officials he hadn’t been exploited.
But within days, he lodged a new claim under modern slavery protections.
His lawyers argued he would face destitution if returned to France.
The judge agreed that his trafficking claims raised “serious issues,” meaning the Home Office could not remove him until investigations were complete.
This single case is now expected to spark dozens more.
Legal sources say almost half of the 92 migrants currently detained for removal are preparing to bring similar challenges.
Deportation Flights Leave Empty
The ruling had an immediate impact. Deportation flights earmarked for removals took off empty this week — including an Air France service from Heathrow to Paris.
Another plane thought to be designated for removals also departed without migrants aboard.
It follows several days of failed flights, leaving the government with no deportations carried out under the scheme so far.
Critics say this shows the returns deal is at risk of collapsing before it even gets going.
Political Blame Game Heats Up
The Conservative opposition quickly seized on the chaos.
Shadow Home Secretary Chris Philp accused Mahmood of “blind panic” and claimed Labour had been warned the policy would unravel.
He argued that without sweeping changes to human rights laws, no deportation scheme could work.
In his words, “this weak government will continue to preside over border chaos.”
Labour, however, insists its deal with France is still intact and that flights will soon depart with migrants on board.
Officials are appealing the length of the injunction in hopes of restarting deportations quickly.
Starmer’s Human Rights Dilemma
Prime Minister Sir Keir Starmer has stood firm on one point: Britain will not leave the European Convention on Human Rights.
That position is now being tested, since many of the challenges are rooted in ECHR law.
It’s a personal test for Starmer, too. Before politics, he edited a legal manual on human rights and once described the laws as having “enormous potential.”
Now, those same protections risk derailing one of his government’s biggest migration policies.
Migrant’s Story Highlights Legal Grey Zones
Court papers revealed details of the Eritrean man’s journey.
He travelled with his mother from Ethiopia, was allegedly trafficked through Libya in 2023, and later reached France before paying smugglers to cross the Channel into Britain last month.
Though he initially denied being a victim of exploitation, he later changed his account.
His lawyer, human rights specialist Sonali Naik KC, argued the Home Office could not properly investigate his claims if he was already removed to France.
The judge agreed, granting him the temporary reprieve.
A System Stuck in Limbo
The setback underlines just how fragile the “one in, one out” system really is.
Since its launch on August 7, more than 5,400 small boat arrivals have landed in Britain.
So far this year, more than 31,000 migrants have made the crossing — a 38 percent rise compared to the same period last year.
Yet not a single deportation has gone ahead under the new arrangement, and each delay raises fears the entire system could grind to a halt under a tide of legal claims.
Inside France’s Holding Centres
If removals eventually succeed, migrants would be sent to France’s ultra-secure processing centre near Charles de Gaulle Airport.
Known as ZAPI, the facility can house up to 160 people at a time.
Migrants there receive bedrooms, access to outdoor space, canteens, children’s rooms, and TV areas.
Families and friends can visit, though phones and cameras are restricted.
Most stay for about three weeks before either being admitted into France, returned to another country, or held on charges.
Up to 10,000 people pass through ZAPI each year.
Growing Pressure on Labour’s Migration Promise
For Keir Starmer’s government, the stakes are high.
He scrapped the previous Tory Rwanda scheme, promising instead that the Franco-British deal would deliver swift returns.
Now, with flights grounded and legal battles mounting, critics argue the plan is already unravelling.
Labour is scrambling to show it can both uphold Britain’s legal commitments and restore public confidence in border control.
But unless deportation flights start taking off soon, the “one in, one out” promise risks becoming another casualty of Britain’s long-running migration crisis.