Nearly 20,000 Foreign Criminals Remain in Britain as Deportation Backlog Reaches Record High

Almost 20,000 foreign offenders are living freely in Britain as appeals have clogged up the deportation process, revealed Home Secretary Shabana Mahmood.

The number, documented in March of this year, is more than double the 8,500 counted at the same point in 2020, and more than triple the 5,895 of 2016. This despite the current government seeing the 'highest level [of returns and deportations] in nearly a decade,' Mahmood said.

Alarmingly, a survey of deportation appeals made by criminals in the past 18 months found 'sex offenders, robbers, fraudsters, arsonists and domestic abusers' were granted the right to remain in the country. They are currently living free in communities, where many have put down roots and started families–making it even more difficult to dislodge them.

To speed up the deportation process, Mahmood has presented a set of plans, including limiting the eligibility of certain human rights appeals, and reforming the current immigration appeal tribunal.

Human Rights Appeals Favor Criminals

The offenders were able to appeal their deportation thanks to the current two-tiered tribunal system. An analysis of 3,000 upper immigration tribunal decisions counted 369 cases involving individuals who committed offences in the UK. Of these 369, 340 appealed their deportation on the grounds of human rights breaches.

In particular, they appealed to Articles 3 and 8 of the European Convention on Human Rights (ECHR), about the right to family life, and the right to freedom from unjust persecution in their home country, respectively. Of the 340 appeals, 149, or 44%, were won.

Solutions Proposed

Mahmood has announced a number of solutions to the immigration problem, to be laid out this week in the Immigration and Asylum Bill. These include replacing immigration judges with an Independent Immigration Appeals Authority composed of 'professionally trained and independently appointed' individuals, who will prioritise public interest. The new body is set to hear appeals in 2027.

Labour will also impose new restrictions on Article 8, which will limit eligible claims to immediate family, preventing appeals based on 'dubious' connections. 'Our new appeals body will ensure claims are heard swiftly and fairly,' said Mahmood. 'Those with a legitimate claim will get their hearing. Those who have no right to remain in this country, and are abusing the system, will be swiftly removed.'

On the ground, two immigration centers have also been expanded. The number of beds at Campsfield immigration removal center has gone up from 160 to 400, while those at Haslar, which is still being refurbished, will go up from 130 beds to 600. Mahmood has also allocated more resources for Immigration Enforcement, doubling their funds from £681 million in 2023-24 to £1.33 billion in 2028-29, and increasing the number of their staff from 4,500 to 7,300.

Minuscule Efforts

Andy Burnham, who is tipped to be the next Labour Party head, has expressed support for speeding up deportation, saying earlier this month: 'We need to make greater use of detention so that people who have got no basis for a claim are not actually admitted into the country.'

He also criticised the Home Office prior to the announced reforms, saying, 'Local authorities are often just not consulted at all. The Home Office just does what it wants.'

The Tories, however, believe the proposed efforts will not be enough. At last year's rate of 9,000 enforced removals, shadow home secretary Chris Philp said it would take 50 years to go through 400,000 illegal migrants in Britain. 'Tweaking Article 8 and building more detention capacity alone will make no real difference,' he said.