Labour MP David Lammy has accused the government of “outrageous” insensitivity after a vulnerable Windrush citizen was arrested for an alleged criminal offence 20 years ago after a Home Office meeting.
The 62-year-old man, who has asked to remain anonymous, came to the UK from Jamaica in 1976. He was arrested earlier this week when he went to get his biometric card at Lunar House, the Home Office visas and immigration headquarters. The father-of-three has been remanded in custody at HM Pentonville in London on a charge of handling stolen goods two decades ago, which he denies.
The Tottenham MP criticised the government for arresting the man after telling Windrush citizens to come forward. He said charges were brought just days after the Home Office asked to attend the politician’s Windrush surgery in which they spoke to the constituent who was later arrested.
“This is outrageous. This man is the face of the ‘hostile environment’. Home Office officials requested to attend my constituency surgery last week to help people get their citizenship. The head of the Commonwealth taskforce asked me for advice on their ‘outreach strategy’, fully recognising the fact that people are too afraid to contact the Home Office,” Lammy said.
On Friday, Lammy visited the man in prison. He said he was a vulnerable person – living underground due to fears around his immigration status – who had no knowledge of the alleged offence.
Lammy’s constituent is homeless, with no access to healthcare or benefits. He has been sofa surfing with friends in Tottenham and has type 2 diabetes.
“He thought he was getting his citizenship and instead he got arrested in the Home Office’s building and taken to prison on a minor charge from two decades ago. He is homeless and has been living on the streets because of the Home Office. He is jobless ... he has been in the underground economy for decades living hand to mouth,” Lammy said.
The MP said that when the man attended Lunar House on 14 May he was met by police in the Home Office building.
“What normally happens when you’re arrested is you go to a police station but [the man] said this didn’t happen,” James Elliott, head of public law at Wilson solicitors LLP, said.
He added: “This is not an endorsement for people who may or may not have committed offences but this appointment at the Home Office was made in good faith. The Home Office informed police and effectively trapped him ... He has physical health problems. We are not saying if wanted for serious crime nothing should happen but this is totally disproportionate and highly counterproductive.”
Lammy said: “The prime minister and home secretary have repeatedly told Windrush citizens to come forward. My constituent did what he was told and he is now in prison. I have been to see him this morning in custody and I am shocked and appalled at how he has been treated.”
This week the prime minister pledged that information received by a taskforce set up to deal with the fallout from the Windrush scandal would not be passed on to immigration enforcement.
However, the government did not say anything about passing information to HM Prison Service. Lammy said he had not specifically raised this as he was under the assumption officials were coming to reassure people and help with individual cases.
The MP first raised the topic of enforcement with the prime minister in parliament on 25 April. He said: “Many people who are feeling vulnerable and scared, [can you] assure them that if they ring her hotline, they will see no enforcement action to remove them from the country, because they are scared when ringing that hotline?”
The prime minister responded: “The home secretary has also made it clear that there is no question of taking enforcement action when people ring that hotline.”
The Home Office said the taskforce is not sharing information with immigration enforcement and that security and police checks are undertaken on all cases that UK Visas and Immigration consider. They added that one of the systems that is checked for all cases is the police national computer and that if a “wanted” marker appears staff contact the police.