Immigration Enforcement guidance for law enforcement on the section 17 offence of promoting unlawful immigration services on an internet service, and on arrest and restraint, shows an update date of 11 September 2026.
Key facts
- Who: Law enforcement and Immigration Enforcement officers; anyone who creates or publishes material promoting unlawful immigration services online
- From: Both pages show "Updated 11 September 2026"
- Source: Powers and operational procedure: caseworker guidance
Two attachments in this guidance carry the update date of 11 September 2026: "Advertising unlawful immigration services online (accessible)" and "Arrest and restraint (accessible)". The source does not say what changed in that update.
Advertising unlawful immigration services online
This is version 1.0, the first version of the guidance. It covers the offence in section 17 of the Border Security, Asylum and Immigration Act 2025. The offence is creating or publishing, or causing the creation or publication of, material whose purpose or effect is or will be to promote an unlawful immigration service on an internet service. The person must know or have reason to suspect that the material will be published on an internet service and that it has that purpose or effect.
Defences include work as a journalist and the publication of academic research. The guidance also refers to the section 45 Modern Slavery Act 2015 defence and the common law defence of duress. Under section 18 of the 2025 Act, internet service providers that only perform technical processes are protected from liability for user-generated material.
On conviction on indictment, the penalty is up to 5 years' imprisonment, a fine, or both, in England, Wales, Scotland and Northern Ireland. On summary conviction, the limit is 12 months in Scotland and 6 months in Northern Ireland. The offence applies UK-wide and to activity overseas. Law enforcement can arrest a person suspected of the offence on their arrival in the UK.
Arrest and restraint
This is version 3.0, published for Home Office staff on 29 April 2024. It tells Immigration Enforcement officers when and how they may arrest using administrative immigration or criminal powers.