The Border Security, Asylum and Immigration Act 2025 (Commencement No. 3) Regulations 2026

These Regulations bring into force specified provisions of the Border Security, Asylum and Immigration Act 2025 (c. 31) (“the Act”) on 5th March 2026. They are the third commencement regulations made under the Act. Certain provisions were brought into force automatically on Royal Assent by virtue of section 65(3). Other provisions were brought into force automatically on 2nd February 2026 (two months after Royal Assent) by virtue of section 65(4).

Section 44(1) to (13) and (17) of the Act was commenced by section 65(3). Those provisions permit the Secretary of State to detain a person (“P”) when they are considering whether to make a deportation order in respect of P, or when the Secretary of State has decided to make a deportation order pending the making of that order.

Section 44(14) to (16), the remaining subsections in section 44, amend section 51 of the Immigration Act 2016 (c. 19) (search for nationality documents by detainee custody officers etc.) so that detainee custody officers can require P to hand over relevant nationality documents, or so that P can be searched for such documents (which may then be seized and retained).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment was published in relation to the Border Security, Asylum and Immigration Bill and can be found at https://www.gov.uk/government/publications/border-security-asylum-and-immigration-bill-2025-impact-assessment or a copy can be obtained from the Home Office, 2 Marsham Street, London SW1P 4DF.