by Olivia Burgess

Racial disproportionality in the criminal justice system (CJS) is a well-documented problem. It manifests in over-policing, disproportionate surveillance, harsher sentencing, and reduced access to legal representation and support services. For Black and minoritised migrant women, who experience intersectional discrimination (magnifying and augmenting the racism, xenophobia and misogyny others are subject to), its impact is particularly profound. They not only endure the injustices of the CJS itself, but also face the additional burdens of immigration enforcement, racial discrimination, and violence against women and girls (VAWG). The causes are complex, entrenched and systemic: what is clear is that urgent change is needed.

In September 2025, we launched a briefing setting out our recommendations for the first steps needed to address racial disproportionality in the criminal justice system for women. However, since then the government has announced further changes to immigration and criminal justice legislation and policy. Throughout all runs the thread of their threat to ‘crack down’ on so-called ‘foreign national offenders’: people without a British passport who have become caught up in the criminal justice system.

The context of inequality

Some of the problems faced by Black and minoritised migrant women in the criminal justice system include:

  • Overrepresented at every stage: stop and search, arrests, prosecutions, convictions, remand, custodial sentencing, and imprisonment
  • Nearly 70% of women in prison or under community supervision are known to be victim/survivors of VAWG. This is likely to be higher as, for many, fears of disbelief, destitution, and deportation mean that many remain silent.
  • Immigration control, language barriers and lack of access to legal advice exacerbate their vulnerability.
  • Over half of Black women in prison report verbal abuse, intimidation, or assault by staff, while 81% of Asian women report victimisation from other prisoners.
  • Lack of support to meet basic needs, and lack of suitable specialist support.

What is likely to change

As set out in our joint statement on the proposals (along with Southall Black Sisters, EVAW and LAWRs), implementation will have a profound and devastating impact on Black and minoritised migrant women. Of particular concern is the likely impact on victim/survivors of VAWG and exploitation.

Proposals to extend the qualifying period for Indefinite Leave to Remain and introduce an “earned settlement” model could have severe, and potentially life-threatening consequences for migrant victim/survivors of VAWG. Longer routes to settlement, harsher suitability rules, and penalties linked to public fund use, debt, or minor offences will deepen insecurity, prolong dependence on those perpetrating abuse and exploitation, and restrict access to justice and support.

These proposed measures disproportionately harm Black and minoritised migrant women, many of whom are unable to work, rely on benefits, or face criminalisation as a direct result of abuse, trafficking or exploitation. Requiring “spotless” records and narrowly defining ‘contributions’ ignores structural inequalities and discrimination, gender and racial pay gaps, and the essential yet undervalued work many migrant women perform in care and domestic sectors. The reforms would entrench a discriminatory two-tier system that favours wealth and certain nationalities while imposing the harshest barriers on low-paid migrant workers.

What must be done

Like all people, particularly those who experience marginalisation and prejudice, Black and minoritised migrant women are deserving of compassion. Victim/survivors of VAWG, trafficking, or modern slavery must be believed and properly supported, not criminalised and deported. Those coerced into offending or acting under trauma should not be convicted and certainly should not face additional penalties through immigration policy.

In our briefing, we called for anti-racism to be embedded into policy and governance to ensure the needs of racially minoritised and migrant women are addressed. This must include disentangling the criminal justice and immigration systems to avoid the additional punishment of migrants and the unacceptable risk of harm it causes. We also called for the lived experience of women directly affected by racial disproportionality to be centred in policymaking. This remains prescient with regard to the proposed changes to immigration policy: the impact on Black and minoritised migrant women must be considered and properly addressed.

We urge the government not to implement these punitive measures and, instead, to ensure secure immigration status without penalising victim/survivors for consequences of abuse, grounding the system in feminist principles and human rights.