Question to the Home Office:

To ask the Secretary of State for the Home Department, whether it is her Department's policy that foreign nationals who have received a Stage 1 decision letter regarding their possible deportation following an offence resulting in a custodial sentence should remain in custody until a deportation decision has been made.

We make every effort to ensure that a foreign national offender’s (FNOs) removal by deportation coincides with their release from prison upon completion of their custodial sentence.

Latest published information shows that 51% (2,632) of FNOs removed between 5 July 2024 and 4 July 2025 were removed directly from prison under the Early Removal Scheme, which is a 10% increase compared to the 2,385 in the same period 12 months prior.

The public rightly expect us to maintain a firm and fair immigration system and immigration detention plays a crucial role in enabling the removal of individuals who include serious, violent, and persistent FNOs.

We do not detain people indefinitely. The law does not allow it. In each case, we must have a realistic prospect of removal in a reasonable timescale, and includes consideration given to the likelihood of risk to the public and absconding from immigration control. Published Home Office detention policy is clear that detention must only ever be used sparingly and for the shortest period necessary.

We have safeguards in place which underpin detention decisions. These include regular reviews once a person is in detention to ensure that their detention remains lawful, appropriate, and proportionate. In addition, those detained can apply to the courts at any time for bail from detention and FNOs held in detention have the option to apply to an independent immigration judge for bail at any point.

Where the Home Office cannot remove a FNO within a realistic timeframe, the individual may be released into the community.

The decision to release a foreign national offender into the community is never taken lightly. The threat of harm to the public or vulnerable individuals, victims, and their families, as well as the risk of absconding is always carefully considered. The Home Office and HMPPS work closely together to manage risk in the community.