, 13 tweets, 5 min read Read on Twitter
The Home Office have produced a document hitting back at the criticism levelled against EUSS (the scheme most EU citizens must apply under to remain in the UK after Brexit). A few points on the objections to a declaratory style system: /1
Many have made clear that the consequences of forcing people to apply to stay in the UK will lead to people missing out on acquiring status. The @CommonsHomeAffs published a key report recommending citizens rights be granted automatically: parliament.uk/business/commi… /2
The Home Office attempt to address this in the piece, let’s unpack why their interpretation and rebuttal of a ‘declaratory system’ is wrong /3
The piece attempts to form a connection between a declaratory system and the atrocities faced by those who were unable to access vital services in the UK becasuse they could not prove their rights to live, work etc. /4
Windrush happened because the Hostile Environment required people to prove their rights for something they’d never had to give proof for before. In some cases for 40 years. They never had the need to prove their rights till the arrival of the Hostile Environment. /5
It was not the fault of a declaratory system, it was the fault of the Hostile Environment and the lack of documents proving their legally declared rights. /6
The declaratory system envisioned by the @CommonsHomeAffs includes the need for people to register to acquire proof of their status so that they can navigate the Hostile Environment. /7
In the first instance, the effects of the Hostile Environment could be tamed easily by repealing it’s most onerous features. It is not impossible to change, the government choose to keep it and risk people being caught in it. /8
with an unchanged Hostile Environment, proof of rights are essential. But a declaratory system does not prevent proof being created. Indeed, as @CommonsHomeAffs make clear, proof of registering is an essential part of it. /9
@smismanss has produced a comprehensive paper setting out a declaratory solution with a documentary registration feature. Summarised here:

freemovement.org.uk/this-is-how-to…

Helpful examples provided /10
So given that a declaratory system can help prevent the outcomes of the Hostile Environment - that caused the windrush scandal - there are no reasons to discount it /11
Please @ukhomeoffice, engage with the proposals substantively. Meet with @the3million and others to discuss the proposal. We can avoid a similar Windrush scandal using a declaratory system. Not the other way round /end
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