Tagging illegal immigrants is sensible, not cruel

One of the essential components of effective immigration control is the enforcement of the removal from the territory of those with no right to stay. This has been recognised in UK Immigration Law and Practice since the passing of the Immigration Act 1971, some half a century ago. Immigration officers charged with the duty of enforcing these laws are empowered to arrest and detain illegal entrants, pending their removal from the country.

In an ideal world, those whose applications and appeals are exhausted would depart voluntarily. They would avail themselves of the Government’s voluntary returns service which can explain their options for returning home, pay for their travel tickets, and help them to get travel documents. They may also be eligible to apply for financial support of up to £3,000, which they can use to find somewhere to live, find a job or start a business in their home country. There would be no need to “enforce” removal.

But we do not live in an ideal world. After a period of initial screening, the vast majority of migrants arriving at our borders from safe third countries by illegal and dangerous routes are granted temporary admission whilst their claims for asylum or human rights are processed. Many are housed in hotels, with no restrictions on their movement. They are asked to report periodically to immigration reporting centres across the country, whilst their applications to stay on grounds of asylum or human rights are considered.

There are now an estimated 80,000 people immigration offenders in the reporting system. Those in the business know full well that many will stop reporting and disappear into the community, once their appeals rights are exhausted. This means that immigration enforcement officers are then required to seek out and arrest them in the communities – often against a backdrop of hostility and obstruction from groups opposed to immigration control.

Even then, we know that the majority of those that are arrested and detained for removal will immediately lodge fresh applications and representations, either directly to the Home Office or via the courts. As we saw with the recent Rwanda flight, they are then often released again, pending another review. They have little or no incentive to remain in touch with the Home Office thereafter, unless of course news ultimately filters through of a successful outcome.

That the Home Office is considering tagging people coming here via small boats and clandestine routes from safe third countries has of course raised the usual objections from groups opposed to immigration and border control. They say that this is an appalling way to treat people seeking sanctuary in the UK. They miss the point that the policy is not aimed at all asylum seekers in the UK. It applies specifically to those who have arrived by unnecessary and dangerous routes; who have then been identified as suitable for removal; and are thereafter subsequently released on immigration bail from an immigration removal centre. Even then, it is at the discretion of the judge as to whether a tag is included in the individual’s bail requirements, which will in turn rest upon the risk of the person absconding.

Electronic tagging as an alternative to detention is used widely in other areas of the criminal justice system, and in other countries such as the USA for tracking the movements of irregular migrants in the country. Used wisely, it is a sensible and proportionate approach to reducing the risk of absconding by those who refuse to comply with removal directions after due process is completed.

If the Government is able to establish legitimate and lawful routes to return migrants to source and transit countries – or even to other third countries proven to be safe, such as Rwanda – then it will be an important tool in deterring  a great many more migrants from embarking on illegal and dangerous routes to come here from safe third countries in the first place.

Tony Smith CBE is a former Director General of the UK Border Force and author of “Changing Borders: A Kingdom Unlocked”