Critical Appraisal of Borders Act 2007 and its Impact on Foreign National Offenders

This report examines the concept of crimmigration and analyses trends related to foreign national offenders. It also discusses specific problems faced by foreign national offenders in prison and the impact of Borders Act 2007 on immigration.

Borders act 2007

Table of Contents
INTRODUCTION ..........................................................................................................................3
CRIMMIGRATION...............................................................................................................3
IMMIGRATION AND THE IMPACT OF BORDER ACT ...............................................5
Trends related to Foreign National Offender .......................................................................7
Analysis of Recent Trends:..................................................................................................10
Specific Problems faced by Foreign National Offenders in Prison......................................10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................13

INTRODUCTION
The concept of crimmigration could be described as amalgamation of criminal law and
immigration law whereas before the citizens and non citizens were at par when it came to being
punished for crimes, However the present situation has changed with the new enactment related
to immigration which gives the immigration authorities police like powers through Border Act
2007 which was enacted to expedite deportation of criminals of foreign origin owing to
substantial upward trend in crimes committed by foreigners, which include homicide of PC
Sharon Bearishness in Bradford in 2005 and a scandal where the home office were compelled to
admit that they let loose 1023 foreign prisoners whose deportation should have been considered.
(Collinson,Gerard, 2019)To prevent the risk of re offending the easiest and safest way is to
deport these individuals back to their respective countries. The folowing report shall examine
the concept of crimmigration together with analysing trends related to foreign national offenders
and go into detail of what the particular needs of these prisoners are and whether they are being
met.
MAIN BODY
CRIMMIGRATION
As mentioned earlier the criminal justice system and the immigration law have been
separately acting in their own relative spheres that is if the immigration related guidelines were
contravened the immigration authorities which do not have as extensive powers as the police
would deal with that issue in deportation of the immigrant and the police which does have wide
powers deal on their own criminal acts of the immigrant or the citizen in very similar manner
however now they have been so intertwined that now a new concept crimmigration has been
crystallised which connotes that the immigration authorities posses extensive police like powers
such as requesting regular attendance ta their office so the offender does not abscond and other
ancillary powers which very much represent the powers endowed with the police. Here lies the
central idea of the concept of crimmigration whereas it is the basic principle of natural justice to
treat all the people at same pedestal and it could be very argued that this forms the very basis of
the criminal justice system that it does not differentiate who has committed the crime it shall deal

with them in a manner which is considered to be equal and just, so a question which could arise
is why are the immigrant treated differently when it comes to the offences being committed by
them does the severity of the offence change when it comes to the acts committed by them, it
does not. So then why does the punishment differ being more on the immigrant who together
with serving sentence also looses the very opportunity related to jobs and other amenities which
are provided by the United Kingdom which could mean a death sentence to them if they belong
to particularly disturbed areas of the globe.
The act forms part of collective measures to underpin the border and immigration agency
which has now endowed with new powers following enactment of borders Act 2007, using
biometric technology for identification particularly to deal with unlawfully working in the UK.
The act endows massive powers to UK border agency which has a liability to secure UK borders
and controlling migration which includes citizenship,visa and asylum applications. Biometrics of
non Eu immigrants have to be compulsorily registered and the secretary of state can store or
disseminate the biometrics and details of immigration. The act provides for automatic
deportation in two circumstances: firstly if the conviction is above one year and secondly if the
conviction is a result of certain specific crimes.(Section 32)Endows immigration officers with
powers that are similar to powers vested with police such as seizure search and entry in addition
the immigration officers could impose restrictions such regular reporting or dictating a specific
address for residency.
Recent changes
 Deportation to Rwanda for claims of asylum which are inadmissible according to the
government this will include people who post Brexit can't be sent to European transit
countries.
 Asylum seekers can now be criminalised based on if they get a visa or not those who
can't and enter the country will be liable for prosecution
IMMIGRATION AND THE IMPACT OF BORDER ACT
The deportation is a legal power of the Secretary of home affairs. And the people who
aren't having British residents are vulnerable to deportation from the United Kingdom if the
Home Secretary deems their deportation to be the conducive for the general public good. UK
Borders Act 2007 enacted provision for the automatic deportation of overseas offenders. The
Secretary for home affairs should make an order for deportation in appreciate of a overseas crook

except positive exceptions apply. The Home Secretary’s cap potential to deported criminals from
Members of EEM States are limited by the aid using by the operation of EU regulation, which
calls for that expulsion should be the relative and primarily it will be completely at the private
behaviour of the man or woman worried and stage of ‘threat’ that they pose to public coverage or
public security.
Procedure followed by UK government to deportation:(Gouyon, 2022)foreign national
prisoner deported by mainly three ways that are- by the early removal scheme, offender
transferred by agreements and after releasing them from prison deports them. In first this called
early removal scheme. Under this principle method followed for removal of foreign national
offenders has been processed immediately from the prisons. In this way offenders send to their
home countries immediately. Second system united kingdom has agreement of send back with
around 100 countries all over world. Basically the main reason behind this that offender sent to
their home country and rest of punishment serve in their nation. In this method the theoretically
send accused to their own country. Home country have choice to accept or reject to take back
that prisoner.At last one, they have choice to remove forcefully or return back voluntary. They
release by two ways: by the tariff expired removal scheme or by the facilitated return plan.
To make certain that prisoners with intellectual disabilities have on the spot and normal
get admission to the felony counsel throughout their complete length of arrest, detention and
imprisonment, just like all different prisoners. Due to the difficulties people with intellectual
disabilities may also face in gaining access to counsel, to help such folks to get admission to
felony aid, mainly throughout the length of arrest, prosecution and pre-trial detention, however
additionally later. A countrywide method for coping with overseas countrywide prisoners ought
to now no longer start and quit with the query of the prison powers and techniques of
deportation. The first constructing block ought to be their personal identity, and the provision of
assist for, overseas countries in the system of prison.
With the this file and their character inquiry shows, that a long way from of the case.
maximum time do not know even the any accuracy that how many, or which country overseas
nationality they holding. (Till, and.et.al., 2019.Communication with the courts, even in terms of
courtroom docket hints for the deportation, is the poor: as is conversation inside and among the
prisons. Establishing a new nationality isn't always easy on the daily basis and it is also not

understandable by prisoners themselves and admissible by them , to change nationality they hold
having. But even this is also not always in doubt that the prisons are possibly to make
presumption, sometimes primarily based on total upon the shade or ethnicity, if they fails to
submit document properly about the facts they having regarding their identification this is only
the best the first step. As this report makes clear, overseas citizens, eventually they are divergent
group, who having a recognisable bunch of particular needs. It could be identified through
analysis that there are 3 which can be each critical and current, throughout all groups. They are:
language of offenders, family hyperlinks and the immigration. These three are interlinked with
each other, and might bring about an isolation, depression and confusion. The family link have
been specifically essential for lady prisoners, many serve huge sentences for drug importation;
even as younger criminals tended to be ignorant of a critical capability results in their sentences.
Smugglers are punished by imposing lifetime imprisonment on them along with charging
heavy penalties. Maximum penalty for illegal entry in UK has been increased, and imprisonment
on overstaying for 4 years over a visa. As per new measures, all the criminal and immigration
laws are being centralised and will be considered under one law. By using scientific methods,
adults presenting themselves as a children while performing age assessment. Style used in US
Electronic Travel Authorisation Scheme has been introduced to slam the door on all types of
criminals even before they tries to get here. Once these new powers are rolled out officers,
prosecutors, caseworkers and judges will able to make full use of it. It is decided that these
measures will be implemented in the upcoming month and in next year.(Parmar, 2018)After the
announcement made by the Prime Minister Boris Johnson for tackling illegal migrationthis
Borders Act has being introduced. All though maximum group of workers known those
problems, they did now no longer recognise how critical they had been and plenty of did now no
longer understand a way to respond, or what sources had been available.(Coddington, 2019)
Over 80% of remarks from overseas countrywide prisoners noted group of workers were less
tolerant of lingual or differences in cultural. Race,religious belief, lingual and house performed
a large position in overseas national’ enjoyment while imprisoned. The prisoners who practice
Islam were marginalised in number had been more in all likelihood to document discriminatory
treatment; folks who did now no longer talk English, or had now no longer lived on this country,
had the best problems. The 2nd vital constructing pillar higher liaising amongst confusing and
ignorant , situations in prisons. approximately immigrating became one of the fundamental

problems recognized with the aid of using both personnel and prisoners. (.Motz, Dennis, and
Abusive, 2020)many prisoners confronted elimination on the quit of sentencing; others
likelihood of getting deported motion taken in opposition to them. personnel and prisoners
showed frustration of extreme nature at the shortage of help and phone from authorities of the
immigration process. Prisons, personnel complained set structure of transmission of communique
crook casework group had been useless and wasted their time.
Trends related to Foreign National Offender
 18,400 prisoners currently residing in UK out of which 9000 are serving prison sentence
 Foreign National Offender make up 11 percent of total population in prison which is
82,200 as of 2019. 9400, Foreign National Offender living amongst general populace as
of June 2020 which was 4000 in 2012.
 Foreign National Offender that were deported in 2020 was 4700 which was 6200 in
2016.
 Detention and return during covid have fallen by 30% due to travel restriction imposed.
 Top five countries that from 2019 to 2020 which had deportation of Foreign National
Offender in descending are Romania -Albania- Brazil- Poland- Lithuania.
 Nationals of Foreign origin from Europe were the largest proportion of all nationals of
foreign origin within the population that were imprisoned (47 percent from economic
areas of Europe countries and a another 12 percent from non economic European parts).
Second largest was 17 percent from African continent and third largest at 12 percent
from Asian Continent (Foreign national offenders, 2020).
 57 percentile of total persons imprisoned were from the top ten foreign areas.
 Borders office cited a number of hurdles when foreign national offenders are sought
to be removed:
 Emergency Travel Document can't be obtained due to non adherence to the process 12
percentile.
Judicial Review applications ,Asylum claims and other legal claims (accounting for
about 22% of obstructions to removal in 2013/14). review by judiciary claims related to
mental health and legal claims of other nature formed 22 percentile forming hurdles in
deportation of Foreign national offenders.13percent of cases were due to non compliant

or problem causing activities by foreign national offenders at port authorities or any other
place.

Analysis of Recent Trends:
Deportation of EU FNO have risen while Non EU Foreign National Offender have fallen,32% of
people deported were from outside EU in 2018-13.The above figure shows that the Foreign
national Offenders being returned are on a downward trend this may mean that deterrence effect
of the law could be impacting the immigrants to be weary of being involved in any crime as
conditions at their home country are very dire so they don't wanna go back.
Further it shows that Deportation of EU FNO have risen while Non EU Foreign National
Offender have fallen,32% of people deported were from outside EU in 2018-13. which may be
taken to mean that European origin offenders aren't deterred by this law since conditions at home
country do not differ very much from England so they are not afraid or deterred by this law
Specific Problems faced by Foreign National Offenders in Prison.
Broadly 3 types of specific need can be identified based on problems faced by Foreign
National Offender these are language barriers , maintaining familial ties and Immigration related
other needs include familiarity with criminal justice system and Related to socio economic.
Language barriers:
if the prisoners from same country are not accommodated together then they are
segregated due to language barriers furthermore for expressing their concerns translators are used
who may not be adequately trained in that language, the literature being restricted to mainly
English further deteriorates their mental well being which can result in severe psychological
implications and self harm behaviour. Stocking library with different regional literature may
mean high operating cost for the prisons thus usually English training is given to these prisoners
for resettlement.
Maintaining Familial Ties:
Since the families of Foreign National Offender live abroad and are usually in bad
economic conditions visits from family members are extremely rare which can create problems
for their resettlement. The use of phones being limited to certain hours which may not coincide
with daylight hours of their countries and the phone calls being expensive means they have a
falling out with their families.

Immigration related:
Lack of clarity about immigration process means Foreign National Offender are at a
constant risk of deportation and may be held for longer periods of time if their deportation papers
are delayed this by extension means that taxpayers money is used to imprison Foreign National
Offender longer that required if they are not granted temporary release which usually gets denied
due high risk of them absconding.
Socio -economic and culture related:
Due to majority of crimes being drug related the saving of Foreign National Offender
may have been seized which tends to put them at a disadvantage in prison and because lack of
access to lucrative prison jobs resulting from language barriers and cultural differences with
other prisoners may mean being confined mentally, moreover no familiarity with food and being
not be able to afford canteen food results in them not being able to make trade for getting
protection in prison.
Analysis :whether needs being met
There was uneven progress and much inconsistency in Immigration Removal Centres
overall,whereas however an argument can be put forth that there is consistent good practice in
women’s prisons, largely driven by the voluntary group ‘Hibiscus'. (HM Inspectorate of Prisons,
Reports on Foreign national prisoners) Needs of foreign national prisoners rests on individual
initiatives of prison staff possessing marginal resources and time. Social ostracization and
isolation result in mental health problems for which no particular initiatives are taken. Further
lack of familial ties means that they are likely to be an unwelcome guest back home when they
are finally deported.(Arnold, and .et.al., 2020)
CONCLUSION
From this above report to is summarized that, Immigration law is mainly the regulations
and the legal practice which helps in managing the n national statutes and altos the legal
precedents with which the deportation in the country and aloud the matters in relation to
citizenship and naturalization is managed. There is being provided that in order to manage the
deportation of the prisoner’s section 3 of Immigration Act 1971 will be applied and all the
punishments and the regulations in regard to the management and the legal consequences will be
tendered in it. Further the discretion of all the person and the deported function in relation to the
prisoners will; be opted of the prisoners through immigration law.

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