Donald Trump's state visit to the UK: A legal circus with a dash of diplomacy

 Ah, the ever-controversial Donald Trump! Love him or loathe him, it seems we’re stuck with him at least for the next 4 years, and he’s coming for a second state visit to the UK. The decision to offer a second state visit hasn’t been welcomed with many. At the time of this article, there are 50 petitions to cancel the invitation. Many of these mention that he is a convicted felon. So, how on earth can he waltz into the UK? Let's dive into the legal circus and see how the rules bend (or don't) for a head of state.

Immigration rules and criminality

Normally, the UK's Immigration Rules are pretty strict when it comes to criminal records. If you've been convicted of a crime, your chances of getting entry clearance are highly unlikely. There is some discretion for the Home Office to allow entry if you’ve received anything less than 12 months custodial sentence, but the Home Office often refuse anyways. These rules are in place to keep the public safe and ensure the integrity of the immigration system.

State Immunity Act 1978

But wait, there's a twist! As a head of state, Trump isn't just any old visitor. In the words of the Lethal Weapon baddie: “Diplomatic Immunity”. The State Immunity Act 1978 gives heads of state a free pass from the usual immigration controls when they come to the UK. In other words, the rules about barring criminals from entering the UK don’t apply to Mr Trump. He’s exempted from immigration law. The State Immunity Act was put in place to align the UK with modern international standards and practices. It also transitioned the law from absolute immunity previously enjoyed to restricted immunity. As example, Mr Trump may be allowed to enter the UK freely, but he’s not protected from lawsuits from any commercial activities he performs here. The law has seen its fair share of controversies. A recent example is the Harry Dunn case, where a teenage boy was struck and killed due to the dangerous driving from American, Anne Sacoolas. Mrs Sacoolas claimed diplomatic immunity and was able to leave the UK as a result.

Exemptions and political implications

Now, the UK government could technically decide to revoke this exemption. But let's be real, that would be like poking a hornet's nest. Refusing entry to a US president would likely cause a diplomatic meltdown and a political firestorm that could singe the UK's international relations. So, while the government has the power, using it would be a whole different ball game.

Trump's upcoming state visit is a fascinating example of how legal principles and political realities collide. Despite his criminal record, the State Immunity Act 1978 means he's allowed in, unless the UK government decides to make a bold (and potentially explosive) move. It's a delicate dance between law and diplomacy, and for now, it looks like Trump will be making his way across the pond.