The Albanese government is planning to combine a trio of migration policies that would help it deport thousands of non-citizens, with advocates labelling the changes "brutal".
The suite of measures would extend the government's powers, impose Trump-style travel bans, allow non-citizens to be deported to third countries and reverse protections for refugees.
The amendments to the Migration Act will face the Senate on Wednesday and are expected to pass after Labor reached a deal with the Coalition.
Advocates have warned the changes will have devastating consequences for refugees and those seeking protection in Australia, expressing human rights concerns.
Here's a breakdown of the bills and why there are warnings against the changes:
Paying third countries to take our deportees
First off the bat is the Migration Bill, which will strengthen the government's ability to remove non-citizens and negotiate deals with third countries, paying them to accept deportees.
There are concerns about the lack of protections for people who fled their countries and sought refuge in Australia, with no guarantee of safety or that they won't face persecution when sent to third countries.
The measure could be used on a wide group of people. When taking into account those on bridging visas, in immigration or community detention as well as those , as many as 80,000 are susceptible to removal.
The bill was introduced by Home Affairs Minister Tony Burke on 7 November, a day after the High Court ruled it unlawful to force former immigration detainees to wear ankle bracelets and adhere to curfews in the YBFZ case.
It will allow the government to reimpose monitoring conditions where they deem a non-citizen poses a risk to the community.
It also clears the government from legal recourse for negligent decisions, making them immune from civil lawsuits in relation to the removal of a person or their treatment in a third country.
Granting the minister powers to remove non-citizens or face jail
In March, Labor introduced the removals amendment, which would give the Immigration Minister the power to direct a non-citizen to complete specific actions or face deportation under a "removal pathway direction".
If a person doesn't comply with this direction, they face a minimum of 12 months and up to five years in prison.
The laws would also allow the government to designate a "removal concern country", effectively imposing what the Greens call a Trump-style travel ban in an attempt to pressure governments to accept their citizens back.
Once the country is designated, a blanket ban is imposed on visa applications from that country, with some exceptions. Migrant communities fear discrimination and being cut off from friends and family as a result.
Phones to be confiscated and surveillance increased
Last Thursday, Labor introduced the prohibited items bill, which will allow officers to confiscate items they deem dangerous, like mobile phones, for people inside immigration detention.
Burke said: "There have been incidents of criminals in detention facilities using encrypted messaging services to run drug trafficking and other organised crime activities."
Advocates have warned that phones often record the real conditions inside detention and the measure could cut off vital lines of communication as well as increase surveillance.
The bill contains a safeguard stating those in detention must be given "alternative means of communication" to obtain legal advice or contact family.
It's a revival of a 2020 Coalition bill voted down by Labor in the lower house and has support from the Opposition.
What are the criticisms?
Josephine Langbian, associate legal director at the Human Rights Law Centre, described the measures as the "most brutal migrations laws that we have ever seen".
"They're going to have devastating consequences for thousands of people's lives... Families are going to be ripped apart," she told SBS News.
"We could see children shipped off to third countries. We could see parents being forced to leave their children behind. We could see people who are denied for the rest of their lives the opportunity to come back to Australia and rebuild their lives."
She said it was "scary" that the government had not disclosed the intended countries for the travel bans.
"So tomorrow, it might be that the government is intending to target Iran or Afghanistan. Next month, it might be India or Pakistan. We simply don't know, and that's one of the most dangerous aspects of this potential power," Langbian said.
Advocates have spoken out against the punitive approach of the measures, flagged human rights concerns, called for further scrutiny and warned against blanket assumptions about entire communities.
Refugee Council of Australia CEO Paul Power said the government's "rushed and reckless approach is alarming".
"These are some of the most harmful and extreme bills we've seen in over a decade, and the speed with which they're being pushed through makes it all the more shocking," he said.
Coalition secured amendments in exchange for support
The three migration bill amendments are expected to pass the Senate, with the support of the Coalition after they secured several commitments from the government.
This includes changes to the travel bans, with the government agreeing that the minister needs to specify a list of reasons why a removal country is designated and review its status after three years.
Opposition home affairs spokesperson James Paterson said the Coalition had "negotiated in good faith with the government" to ensure the safety of Australians.
"[We] will not allow their mess and incompetence when it comes to community safety and national security to harm the Australian public any more than it already has," he told reporters on Wednesday.
The Opposition also pushed the government to implement three recommendations from last year's Rapid Review into the Exploitation of Australia's Visa System by former Victoria Police chief commissioner Christine Nixon.
Home Affairs Minister Tony Burke has been working in the background to secure a deal with the Coalition, including Opposition Minister for Immigration Dan Tehan. Source: AAP / Mick Tsikas
"Labor is proposing to be able to cut a deal with any country in the world without regard to their human rights record, such as Nauru or PNG Cambodia. They could even choose Iran," he told reporters on Wednesday.
"And they will be saying if people don't voluntarily deport themselves to one of these countries where they have no rights. They can face indefinite detention, indefinite jail, and that's regardless of whether they have kids in the country … [or are] legitimate asylum seekers."
