UK immigration policy after Brexit: the EU settlement scheme, citizens’ rights and the rise of judicialised governance

This paper draws on documentary analysis and interviews with key stakeholders to investigate the development of UK immigration policy after Brexit with respect to EU/EEA nationals. While the command powers of the Home Secretary have been considerably strengthened in relation to the immigration control of EU nationals, following the adoption of the EU Withdrawal Agreement, the retained and newly conferred rights of previously resident EU nationals have become a terrain of judicialised contestation between the UK government, the EU and citizens’ rights advocacy groups and bodies. At the same time, in the absence of effective parliamentary oversight, the implementation of Withdrawal Agreement law has been left to local authorities, public services and non-governmental organisations which often lack the knowledge and expertise to apply the case law appropriately or to challenge unlawful decision-making.