Deportation and removal of foreign national offenders examined in updated House of Commons Library report

The House of Commons Library has today updated its research briefing on the deportation of foreign national offenders (FNOs).

You can read a full copy of the briefing online below or download the original 22-page report here.

If provides concise, impartial and factual information about the Government's power and duty to deport FNOs, and the numbers that are being deported or removed.

From 2010 to 2019, the number of FNOs removed from the UK averaged 5,500 per year. This declined to a low of 2,706 in 2021 during the Coivd-19 pandemic. By 2023, the figure had increased to 3,936.

The briefing also considers how FNOs can appeal against a deportation order, with the most common way being a human rights appeal invoking Article 8 of the European Convention of Human Rights (ECHR).

As the briefing notes, the new Labour government has said it will set up a returns and enforcement unit with 1,000 additional staff to more effectively remove people with no right to remain in the UK. While it is not clear how much of the new unit's focus will be on deportation of offenders, Yvette Cooper said before the election that the unit would start with "convicted foreign offenders who have been allowed to stay in the community for far too long".

A full copy of today's updated House of Commons Library briefing follows below:

_________________________

House of Commons
Library

Deportation of foreign national offenders

Research Briefing

2 August 2024

By CJ McKinney, Melanie Gower

Summary
1 Power and duty to deport foreign criminals
2 Appeals and applications for revocation
3 Removal of foreign offenders in practice
4 Deportation before the end of sentence
5 Recent and future developments

commonslibrary.parliament.uk

Number 8062

Contributing Authors
Terry McGuinness
Hannah Wilkins
Greg Oxley

Image Credits
Home Office AS – by William. Licensed by Adobe Stock id=#339263279.

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Contents
Summary
1 Power and duty to deport foreign criminals
1.1 Power to deport
1.2 Duty to deport
1.3 The deportation process
1.4 Deportation with assurances
2 Appeals and applications for revocation
2.1 Human rights appeals
2.2 Deport first, appeal later
2.3 Revocation of deportation orders
3 Removal of foreign offenders in practice
3.1 Number of foreign national offenders removed
3.2 Inspection of Home Office performance
4 Deportation before the end of sentence
4.1 The early removal scheme
4.2 Facilitated return scheme
4.3 Prisoner transfer agreements
4.4 Performance of the schemes
5 Recent and future developments
5.1 Under the Conservative government
5.2 Starmer government position

Summary

The Home Secretary has a legal duty to deport foreign criminals. This applies to non-British, non-Irish nationals sentenced to at least 12 months' imprisonment for a criminal offence in the UK, with certain exceptions. There is also ministerial discretion to deport foreign nationals if it is considered "conducive to the public good".

A 12-month sentence triggers deportation but people can appeal under human rights law

Deportation of foreign national offenders is a longstanding government priority. Prisons refer all foreign nationals given a custodial sentence to the Home Office to consider whether deportation is required, or appropriate if not required.

A deportation order requires the person to leave the UK and prohibits them from returning. It is different from administrative removal of people with no permission to be in the UK but who have not necessarily been convicted of an offence. Deportation generally involves people in the UK legally before offending: the order invalidates their right to remain, allowing their removal.

There is no time limit on a deportation order; it continues in force unless the Home Office agrees to revoke it. People can also appeal against deportation, in particular under the European Convention on Human Rights if they have family ties to the UK or have lived here for a long time. UK domestic law aims to reduce the discretion of the courts in deciding these human rights appeals.

Appeals are usually decided before deportation takes place but there is also a 'deport first, appeal later' policy in some cases.

The number of foreign offenders removed from the UK is below pre-pandemic levels

In 2023, just under 4,000 foreign offenders were removed from the UK. This was the highest number in four years, but removals remain lower than pre- pandemic levels. From 2010 to 2019, removals averaged 5,500 per year.

As of September 2023, there were 11,800 people liable to deportation who had been released into the community after completing their sentence. This figure has roughly doubled over the last five years.

The Home Office's efforts to remove foreign national offenders are "not efficient", according to an inspection report published in June 2023. The Independent Chief Inspector of Borders and Immigration was particularly critical of the department's record-keeping, saying that it took days to find out how many foreign offenders of a particular nationality were in the system.

The Home Office runs various schemes to facilitate early departure

Under the early removal scheme, foreign national offenders in England and Wales can be released up to 18 months before the end of their custodial sentence if being deported. They must serve at least half their custodial sentence before becoming eligible for early release/removal.

Foreign offenders being deported can also apply for a resettlement grant of up to £1,500 if they co-operate with the process.

Less commonly, prisoners can also be transferred to their home country to serve the balance of their sentence there. The UK has transferred 945 people to 50 countries and territories since 2010.

The borders inspector also criticised the management of these schemes in his June 2023 report.

Removal numbers increased in 2023 and the Starmer government has promised more staff

The number of foreign criminals removed from the UK began to recover under the Sunak government, although not to pre-pandemic levels. An additional 400 caseworkers had been recruited to work on deportations by March 2024, according to Conservative ministers.

The Home Secretary, Yvette Cooper, has stated that the Labour government will "restore order to the border" by setting up a new returns and enforcement unit with 1,000 extra staff. Its remit will include the removal of more foreign national offenders (as well as unsuccessful asylum seekers and other people with no right to remain in the UK).

1 Power and duty to deport foreign criminals

The Home Secretary has a legal duty to deport foreign nationals sentenced to a year or more in prison. Certain exceptions apply, including under human rights law and for refugees. People not liable to automatic deportation can still be deported if the Home Secretary considers it to be in the public interest, again subject to safeguards.

In ordinary language, 'deportation' refers to the removal of foreign nationals from the UK. Legally speaking, deportation for criminal offending is different from administrative removal of people who have no right to live in the UK (for example, because their visa has expired). [1] This section covers deportation in the strict legal sense.

1.1 Power to deport

Under section 3(5) of the Immigration Act 1971, foreign nationals are liable to deportation from the UK if the Home Secretary deems it conducive to the public good. [2] In practice, deportation is used against people who have committed criminal offences, although the Home Office reserves the right to use it in other circumstances (such as sham marriages). [3]

A person made the subject of a deportation order is required to leave the UK. The order authorises their detention until they are deported. [4] It also prohibits them from re-entering the country and invalidates any permission they previously had to live in the UK. [5] There is no time limit on a deportation order; it continues in force unless the Home Office revokes it (see section 2.3 below).

British citizens cannot be deported. The onus is on the person claiming to be a British citizen to prove it. [6] Irish citizens can be deported but longstanding Home Office policy is only to do so in exceptional circumstances. [7]

1.2 Duty to deport

The Immigration Act 1971 originally envisaged deportation being discretionary. A person would be liable to deportation if the Home Office decided it was conducive to the public good or a judge recommended it at the point of sentencing. [8]

Discretionary deportation decisions have largely been overtaken by statutory deportation rules. Under section 32 of the UK Borders Act 2007, the Home Secretary "must make a deportation order" against a person given a prison sentence of 12 months or more for a crime committed in the UK. [9] This converts the discretionary power of deportation into a duty in relevant cases. It also makes criminal court recommendations for deportation largely redundant. [10]

Exceptions to the duty

Although section 32 is titled "automatic deportation", a 12-month prison sentence does not inevitably result in deportation. Various exceptions apply. [11]

In particular, deportation is not automatic if it would breach the European Convention on Human Rights, UN Refugee Convention or Council of Europe Convention Against Trafficking in Human Beings. Human rights appeals against deportation are covered in section 2 below.

Other exceptions include people who were under 18 on the date of conviction, or who are being extradited.

EU citizens and their family members with residence rights under the post- Brexit Withdrawal Agreement are also exempt from automatic deportation if their criminal act took place before 31 December 2020. [12] Such people are instead considered for deportation under a framework derived from EU free movement law, which offers stronger protections against deportation. No particular length of prison sentence triggers deportation. [13]

By contrast, EU citizens whose offence has been committed since 31 December 2020 are liable to automatic deportation (except for Irish citizens). [14]

1.3 The deportation process

Government guidance describes the administrative process. This is undertaken by the Foreign National Offender Returns Command within the Home Office.

Prisons refer all foreign nationals given a custodial sentence for consideration of whether they should be deported. Police forces, courts and some other parts of the Home Office can also make referrals. [15]

From there, the steps involved include:

• Checking whether the person is a British citizen, is otherwise exempt from deportation (as a diplomat, for instance) or has EU Withdrawal Agreement rights

• If not, deciding whether the person is liable to automatic deportation, including whether an exception applies

• If not liable to automatic deportation, deciding whether it is conducive to the public good to deport them anyway

• Referring cases involving people with refugee status to a different team to consider revoking that status

• If the person is liable to automatic or conducive deportation, issuing a 'stage 1 deportation decision' giving them 20 working days to make representations about why they should not be deported

• Considering any representations made, including evidence about the person's right to family and private life under Article 8 of the European Convention on Human Rights (which is the subject of separate guidance)

• Issuing a 'stage 2 decision' to make a deportation order, including reasons for rejecting representations if relevant

• Making and serving the deportation order [16]

In automatic deportation cases, the deportation order will not come into force until the person has exhausted their avenues of appeal. [17] For people who do not appeal, or whose appeals fail, the Home Office will attempt to arrange their removal. Enforced removal from the UK involves a further administrative process, including a minimum of five working days' notice of the date of actual removal. [18]

1.4 Deportation with assurances

Article 3 of the European Convention on Human Rights prohibits deportation if there is a real risk that the person would be tortured or subjected to inhuman or degrading treatment.

In 1996, the European Court of Human Rights held that the UK's attempt to deport a Sikh separatist to India would breach Article 3, given the risk that he would face torture upon his return. [19] The effect of the judgment was that terrorism suspects at risk of torture in their countries of origin could not be deported.

Following the terrorist attacks in the USA on 11 September 2001, the Labour government sought to find a way around this obstacle. It chose to pursue a policy of 'deportation with assurances'. This involved signing formal agreements with relevant countries to guarantee humane treatment of deportees, including monitoring arrangements. [20]

Six agreements were signed between 2005 and 2011, with Jordan, Libya, Lebanon, Algeria, Ethiopia and Morocco. A total of 12 people were removed from the UK under deportation with assurances, including Abu Qatada in 2013.

There have been no deportation with assurances cases since 2013. [21] An independent review of the scheme published in July 2017 commented that "the story of the past 13 years has been of significant effort invested by the Government in DWA, incessant litigation but only a handful of positive results". [22] But it concluded that deportation with assurances could still be a viable counterterrorism policy, particularly in "prominent and otherwise intractable cases" which justified the major cost and effort involved. [23]

2 Appeals and applications for revocation

People can appeal against an immigration order if arguing that their deportation would breach the European Convention on Human Rights, UN Refugee Convention or post-Brexit Withdrawal Agreement. [24] They can also apply to the Home Office to have a deportation order revoked once it has been made.

A human rights appeal invoking Article 8 of the European Convention is the most common way of challenging deportation. [25]

2.1 Human rights appeals

Article 8 of the European Convention on Human Rights provides that "everyone has the right to respect for his private and family life, his home and his correspondence". This right has been incorporated into UK law by the Human Rights Act 1998. The European Court of Human Rights, which interprets the Convention, found decades ago that Article 8 can be used to challenge immigration decisions (for example, where families would be separated by deportation). [26]

Article 8 is a qualified rather than an absolute right. Public authorities may interfere with private or family life if it is lawful, necessary and proportionate. Maintaining effective immigration controls is a legitimate reason for interfering in Article 8 rights, so long as it is proportionate. Determining whether deportation is a proportionate interference with a person's Article 8 rights therefore requires the judge to weigh up the rights of the individual against the interests of the state. [27]

UK domestic law gives detailed guidance to judges on how to apply Article 8 to deportation cases. People who would otherwise be liable to deportation will be allowed to stay if:

• They have been lawfully resident in the UK for most of their life, they are socially and culturally integrated, and there are very significant obstacles to their integration into the country they would be deported to

• They have a child in the UK who has British citizenship or has been living here for at least seven years, and it would be unduly harsh for the child to be deported or have to remain without their parent

• They have a partner in the UK who has British citizenship or permanent residence, and it would be unduly harsh for the partner to be deported or have to remain without their parent [28]

If the person has been sentenced to four years or more in prison, they have to show that there are "very compelling circumstances", over and above the scenarios described above.

The purpose of these rules is to narrow the discretion of the courts in deciding Article 8 appeals against deportation. [29] Judges retain some flexibility to allow appeals in cases falling outside the scenarios above, provided the situation amounts to "very compelling circumstances". [30]

Statistics on human rights appeals

Between April 2008 and June 2021, around one in ten (11%) First-tier Tribunal appeals against deportation succeeded on human rights grounds. Most of these are thought to be Article 8 cases.

Home Office management data records 21,500 appeals in that period, of which 6,000 succeeded. Of the successful appeals, 2,400 were successful on human rights grounds only. [31]

2.2 Deport first, appeal later

Normally, someone who lodges a human rights appeal against deportation cannot be removed from the UK until the appeal process is over. [32] But legislation passed in 2014 introduced the system known as 'deport first, appeal later'.

The Home Secretary now has the power to certify human rights claims brought by those facing deportation proceedings. The effect of certification is that an appeal can be pursued only after removal to the person's country of origin. [33] Appellants cannot attend the hearing in person.

In 2017, the Supreme Court held that this obstructed appellants' ability to effectively prepare and present their appeal. It highlighted the practical difficulties, at that time, of giving evidence from abroad by video link.

Certifying cases when the resulting appeal would not be fair and effective would be unlawful.

As a result of the judgment, the Home Office paused the 'deport first, appeal later' policy. Six years later, in June 2023, Home Secretary Suella Braverman restarted it for people being deported to countries where appropriate video link facilities are available. [34]

2.3 Revocation of deportation orders

A person cannot return to the UK whilst a deportation order remains in force against them. [35] Deliberately doing so is a criminal offence. [36]

Someone who wants to return despite being deported can apply for the order to be revoked. Whether or not this will happen depends on the circumstances of the case, including the reason the order was made in the first place. Home Office guidance states:

An application for revocation of a deportation order will be considered in light of all of the circumstances, including:

• the grounds on which the order was made

• any representations made in support of revocation

• the interests of the community, including the maintenance of effective

• immigration control

• the interests of the applicant, including any compassionate circumstances [37]

Officials will take into account "any significant change in circumstances", but the passage of time alone is not a reason to revoke an order. Orders will not normally be revoked unless there are strong Article 8 human rights reasons. [38]

3 Removal of foreign offenders in practice

The Home Office does not routinely publish figures on the number of people deported as such. Instead it publishes the number of foreign national offenders removed from the UK. Most of these are deported but a minority are administratively removed.

3.1 Number of foreign national offenders removed

In 2023, just under 4,000 foreign offenders were removed from the UK. This was the highest number in four years, but removals remain lower than pre- pandemic levels. From 2010 to 2019, removals averaged 5,500 per year. [39]

The Conservative government said it was making good progress on removing foreign offenders, pointing to the increase between 2022 and 2023. [40]

Albanians (1,475) and Romanians (834) accounted for well over half (59%) of foreign offender removals in 2023. In other words, there were more removals of those two nationalities than all other nationalities put together. [41]

Looking at all foreign national offender removals since 2010, there is more of a mix of nationalities. Romanians accounted for 18% of the total, followed by Poles and Albanians (both 11%), Lithuanians (7%) and Vietnamese (5%).

The nationality breakdown is likely to be affected by both the number of people of that nationality in prison and the ease of removing them to their country of origin. For example, there are more Albanian citizens in prison in England and Wales than any other non-British nationality (12% of all foreign offenders) and the UK has a returns agreement with Albania. [42] By contrast, Afghan offenders (seven of whom have been removed since 2022) make up less than 2% of foreign prisoners and there is no functioning process for enforcing return to Afghanistan. [43]

As of September 2023, there were 11,800 people liable to deportation who had been released into the community after completing their sentence. This figure has roughly doubled over the last five years. [44]

3.2 Inspection of Home Office performance

The Independent Chief Inspector of Borders and Immigration reviewed Home Office performance in removing foreign offenders in a report published in June 2023. He concluded that the process was "not efficient". [45]

In particular, the report pointed to poor data quality. In some circumstances, it took the Home Office days to find out how many foreign offenders of a certain nationality were in the system. This was because staff lacked a reliable database and kept their own records in various spreadsheets.

There was also no central way of finding out the status of any particular case without having to check the individual file, which the Chief Inspector said was "no way to run a government department". [46]

In response, the Home Office said the issues were already well-known. It highlighted that removing foreign offenders is complicated and said the

Covid-19 pandemic had still been causing problems (the inspection took place between October 2022 and February 2023). The department accepted or partially accepted the Chief Inspector's four recommendations for process improvements. [47]

Previous reports

The Chief Inspector's report notes that past scrutiny by watchdogs and select committees also criticised the Home Office's work in this area.

• In November 2017, a previous Chief Inspector "drew similar conclusions" about the Home Office's recordkeeping. [48]

• In June 2016, the Home Affairs Committee said that the Government "should have done better" in deporting foreign national offenders to EU countries, describing the failure to remove such offenders from the UK as disappointing and damaging to confidence in the immigration system. [49]

• In January 2015, the Public Accounts Committee said it was "dismayed" at the lack of progress in removing foreign offenders. Its report highlighted an "inefficient" approach to processing cases, with avoidable delays and administrative errors. [50]

• This followed up on an October 2014 report by the National Audit Office. It found that despite an increase in the number of Home Office staff working on foreign national offender casework and the introduction of tougher legislation, the number of foreign nationals in prison in England and Wales had remained fairly constant since 2006. [51]

These criticisms were levied at a time when more foreign criminals were being removed than happens today. Over 6,000 foreign offenders were removed per year from 2015 to 2017, compared to 4,000 in 2023 (see section 3.1 above).

4 Deportation before the end of sentence

There were 10,400 foreign national offenders in prisons in England and Wales as of 31 March 2024, accounting for 12% of all prisoners. [52] The government runs several schemes to enforce or encourage early departure, including before the person's custodial sentence would otherwise end. There has been a renewed focus on such schemes as prisons run out of space. [53]

4.1 The early removal scheme

Foreign criminals can be released up to 18 months before their custodial term in prison would otherwise be due to end, if they are being deported (or administratively removed). [54] All eligible foreign offenders in English and Welsh prisons must be considered for this early removal scheme. [55] Prison governors have the final say over early removal and some grounds to refuse. [56]

The early removal scheme, in its current form, began in 2004. At the time, the maximum sentence reduction was 135 days. This was gradually extended over time, most recently to 545 days (18 months) in January 2024 as part of the Conservative government's efforts to reduce pressure on prison capacity. [57]

The maximum 18-month reduction is only available to people serving longer sentences. That is because the scheme requires offenders to serve at least half their custodial term before release is allowed. For example, someone given a three-year sentence with a custodial term of 18 months would need to spend nine months in prison, meaning that the maximum reduction they can get is also nine months. Home Office guidance explains:

… the maximum 545 day window applies only to sentences of at least 5 years 11 and a half months (approximately), where the earliest release point of the sentence is at the halfway point and 4 years 5 and three quarter months (approximately), where the earliest release point is at the two thirds point of the sentence/custodial term. The [reduction] will be proportionately shorter for sentences below these terms. [58]

Similarly, the scope of the scheme has expanded over time. It originally excluded people jailed for certain offences (such as those triggering notification under Part 2 of the Sexual Offences Act 2003, the 'sex offenders register'). Those exclusions were removed in 2008, and any prisoner can now be considered so long as their offence is not terrorism-related. [59]

On average, the early removal scheme covers roughly two fifths of foreign national offenders removed from the UK. [60] It does not extend to Scotland or Northern Ireland but the devolved administrations are free to make their own arrangements. [61]

Prisoners without a fixed date for release

Foreign prisoners serving a life sentence, or imprisonment for public protection, do not have a custodial sentence of a particular length from which they can be released early. But under the tariff-expired removal scheme, they can be released for deportation once they have served their minimum custodial term (or 'tariff') without the Parole Board needing to authorise it. [62]

In other words, the early removal scheme is for people serving determinate sentence and the tariff-expired removal scheme is for people serving indeterminate sentences. 571 people were removed under the tariff-expired scheme from when it began (in May 2012) to March 2023. [63]

4.2 Facilitated return scheme

Foreign criminals who co-operate with deportation or removal can get a resettlement grant of up to £1,500. They also have their flight organised and paid for by the Home Office. This is known as the facilitated return scheme.

The facilitated return scheme began in 2006 and aims to encourage foreign offenders to leave the UK as quickly as possible. [64] There are few significant restrictions on eligibility, but people serving a life sentence or imprisonment for public protection cannot apply. [65] Those availing of the scheme are still deported or removed, but are required to drop any appeals and comply with the process, including by applying for a passport if needed. [66]

The cash transfer is the main incentive: people do not get out of prison any earlier under this scheme. People can both be removed early under the mandatory early removal scheme (see section 2.1 above) and apply voluntarily for facilitated removal.

Between January 2010 and June 2022, around 12,800 people were removed under the facilitated return scheme. That means it featured in roughly one every five removals of foreign national offenders during that period. [67]

4.3 Prisoner transfer agreements

Foreign national offenders may be transferred to serve their sentence in their home country if it has a reciprocal prisoner transfer agreement with the UK.

The UK has 110 such agreements in place. Some are compulsory and some require the prisoner's consent. Each individual transfer requires the agreement of the other country's authorities. [68]

Before leaving the European Union, the UK took part in an EU prisoner transfer agreement but now uses a 1983 Council of Europe convention. [69] As of 2019, there had been 357 prisoner transfers from England and Wales to EU countries but none to non-EU countries that had signed the convention. [70]

The Conservative government was aiming to reach more bilateral prisoner transfer agreements, including with EU countries. [71] In May 2023, it agreed a deal to send 200 Albanian prisoners to serve the balance of their sentences in Albania. [72] But as with ordinary deportation, prisoner transfers require a willing and functioning government in the recipient country, which is not always available. [73]

In total, the UK has removed 945 people to 50 countries and territories under prisoner transfer agreements from 2010 to 2023. [74] The net effect on prison spaces will be smaller, as some prisoners come to the UK from other countries under the same agreements. [75] Sometimes the main purpose of the agreement is to enable the transfer of British prisoners from unpleasant prisons abroad, rather than the removal of foreign prisoners from the UK. [76]

4.4 Performance of the schemes

The inspection carried out between October 2022 and February 2023 (see section 3.2 above) found that the early removal and facilitated return schemes were not being administered effectively. [77] Cases were not being progressed to enable removal as early as possible due to "constantly shifting priorities".

The inspection team noted that there had been a decline in removals under the early removal scheme in 2020 and 2021 because of the Covid-19 pandemic. No reliable data was available beyond the middle of 2022, at which point performance was yet to recover. [78]

There was a significant increase in removals under the facilitated return scheme in 2022. The report attributed this a change in policy (to allow applications from EU citizens) and high uptake amongst Albanian nationals (whom the Home Office had prioritised for removal) rather than improvements in the effectiveness and efficiency of the scheme. [79]

The Chief inspector's recommendations included a review designed to "drive efficiencies in caseworking to enable more timely decisions within the early removal window". [80]

5 Recent and future developments

5.1 Under the Conservative government

Conservative ministers acknowledged that there had been a "dip" in the number of foreign offender removals since the pandemic, albeit not entirely because of the pandemic. They highlighted the recent partial recovery in removal numbers (which rose 29% from 2022 to 2023). Ministers also pointed to process improvements – including a new Ministry of Justice and Home Office taskforce – and the recruitment of 400 additional caseworkers as of March 2024. [81]

The Conservative government also made some changes to the schemes designed to secure early departure of foreign offenders (described in section 4 above).

Facilitated return scheme

From 2014 to 2021, there were eligibility restrictions on the facilitated return scheme. In particular, people given a custodial sentence of four years or more could not apply. In April 2021, the Home Office relaxed these restrictions, allowing non-EU offenders with sentences of any fixed duration to apply. [82]

The government extended eligibility further following the UK's withdrawal from the European Union. EU citizens were excluded from the scheme before Brexit but have been eligible to apply since 1 January 2022.

The then Minister for Tackling Illegal Migration argued that the 2021 change would increase take-up of the scheme. [83] The proportion of foreign offender removals involving the facilitated return scheme did increase sharply, from 4% in the first three months of 2021 to 42% in the same period in 2022 (but more recent data is not available). [84]

Early removal scheme

In January 2024, the government extended the maximum sentence reduction under the early removal scheme from 12 months to 18 months, meaning that eligible offenders could be deported up to six months earlier than before. [85]

In a written statement in March 2024, the then Secretary of State for Justice said that almost 400 people had been removed under the early removal scheme since January, a 61% increase on the same period in 2023. [86]

5.2 Starmer government position

During the 2024 general election campaign, the then Shadow Home Secretary stated that a Labour government would "restore order to the border" by setting up a new returns and enforcement unit with 1,000 additional staff. Its remit would be to remove those with no right to remain in the UK, "starting with convicted foreign offenders who have been allowed to stay in the community for far too long". [87]

The Labour manifesto committed to the new unit, although put it in the context of removing unsuccessful asylum seekers rather than foreign national offenders. It is not clear how much of the unit's focus will be on deportation of offenders as opposed to removals more generally. [88]

The Justice Secretary, Shabana Mahmood, said on 25 July 2024 that while the government was deporting foreign national offenders as quickly as possible, it could not do so quickly enough to address the crisis in prison capacity. This, she said, left the government no option but to release British prisoners early. [89]

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[89] HC Deb 25 July 2024 c831