Foreign criminals who cannot be deported may soon be subject to electronic tagging and night-time curfews under a new government proposal. The Home Office has introduced an amendment to the Border Security, Asylum and Immigration Bill, currently being debated in the Commons, which would grant authorities the power to impose these restrictions.
The measure is aimed at migrants who have committed crimes or are deemed a public threat but cannot be deported to their home countries due to human rights laws. According to Home Office data, 18,069 foreign offenders living in the community were awaiting deportation as of September. Since the general election in July, the government has removed 2,925 foreign criminals, marking a 21% increase compared to the same period the previous year.
Currently, conditions such as tagging, which may have been applied during immigration bail, cannot be enforced once an individual is granted permission to remain in the UK. The proposed amendment would change this, allowing the Home Office to impose stricter measures. Breaching these conditions could result in imprisonment.
The new powers are similar to Terrorism Prevention and Investigation Measures (TPims), introduced by the coalition government in 2011, which allow the Home Secretary to impose restrictions on suspected terrorists. Under existing laws, any foreign offender sentenced to prison is considered for deportation, with mandatory deportation orders issued for those jailed for 12 months or more. However, some offenders have successfully challenged deportation orders by arguing that removal would breach their rights under the European Convention on Human Rights (ECHR), particularly if their safety would be at risk in their home country.
The Conservative government has expressed its intention to amend the Border Security Bill to prevent migrants from using human rights laws to contest deportation in UK courts. A government spokesperson stated, “We are committed to delivering justice for victims and safer streets for our communities. Any foreign nationals who commit heinous crimes should be in no doubt that we will do everything to make sure they are not free on Britain’s streets, including removal from the UK at the earliest possible opportunity.”
The spokesperson added, “For the foreign criminals whose removal we are pursuing but are presently unable to deport, we are introducing tougher restrictions, including the use of electronic tags, night-time curfews, and exclusion zones.”
This move is part of the government’s broader effort to demonstrate toughness on immigration and address public safety concerns. Critics, however, argue that such measures could face legal challenges and raise questions about the balance between security and human rights.
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