The government's Illegal Migration Act is facing a court challenge from the Northern Ireland Human Rights Commission on the ground that it breaches the Windsor Framework.
While the legislation was going through Parliament, the NIHRC advised the government that it believed the law was incompatible with obligations set out in Article 2 of the framework.Alyson Kilpatrick, chief commissioner of the NIHRC, said that taking the legal action was "a measure of last resort, but a necessary step".
A government spokesperson said: "Tackling illegal migration is a top priority for the government, and there are an unacceptable number of people risking their lives, making dangerous crossings on small boats.