as it will be the choice of a jury whether or not the accused is found guilty. She is being a very dishonest politician pretending it is her choice.
There could be a significant situation as in the statue of Edward Colston case, that if sufficient people in a jury agree with the underlying motivations the jury may use jury equity to find the accused not guilty.
Given the purported motivation of failed immigration policy is a political issue for a significant proportion of the population, this is an unlikely be possible outcome.
YABU = The Home Secretary is right, they will pay the price.
YANBU = The Home Secretary should be honest as that choice is for a jury.