In a forceful move to combat prison overcrowding and enforce a stricter immigration policy, the UK government is proposing a new law that would permit the immediate deportation of foreign nationals convicted of crimes. This policy, announced by Justice Secretary Shabana Mahmood, is designed to see foreign offenders "sent packing" the moment they receive a custodial sentence, bypassing the current system where they must serve a portion of their time first, Daily Dazzling Dawn understands.
The new legislation would lower the deportation threshold to 0% of a fixed-term sentence, a significant change from a recent legal tweak that is expected to take effect in September, which already moves the deportation point from 50% to 30%. This plan, which still requires parliamentary approval, is projected to save taxpayers an average of £54,000 per prison place annually. While the intent is to speed up removals, the government would still reserve the right to keep a criminal in custody if they pose a threat to national security.
The process for this new policy would begin immediately upon sentencing. The Home Office would be notified of the conviction and would then initiate deportation proceedings, which would occur without the offender serving any significant prison time in the UK. The government's goal is to begin these removals as soon as the law is passed and implemented, which requires it to go through the full parliamentary process of readings and votes in both the House of Commons and the House of Lords before receiving Royal Assent to become law.
The government's focus on this issue is underscored by the current state of UK prisons, which are operating at near-record capacity. Foreign national offenders (FNOs) constitute approximately 12% of the prison population, and the government has committed to creating 14,000 new prison places by 2031. Other measures, such as a recent £100 million funding boost for anti-smuggling efforts and a new "one-in, one-out" returns agreement with France for small boat migrants, are part of the broader immigration crackdown.
The policy has not been without its critics. Conservative shadow justice secretary Robert Jenrick accused the government of failing to address "broken human rights laws" and called for stronger measures, including the suspension of visas and foreign aid for countries that refuse to accept their deported nationals.
When examining the demographics of the foreign prison population, it's clear that it is highly diverse. As of late 2023, there were over 10,000 foreign nationals in UK prisons. The most common nationalities include Albanian, Polish, Romanian, and Irish. Albanians, in particular, have recently become the largest single group of foreign offenders. While South Asian nationals are present in the UK's prison system, they do not form the largest segments. For example, a 2023 report on foreign national offenders showed that Pakistani nationals accounted for 306 prisoners, and Indian nationals were among a group of top nationalities. This data suggests that while individuals from these countries are a noticeable part of the foreign prison population, they are not the most significant group.