Legislation – Border Security, Asylum and Immigration Act 2025

Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation) is amended in accordance with subsections (2) to (5).

(2)

For sub-paragraph (2) substitute—

“(2)

A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—

(a)

while the Secretary of State considers whether to make a deportation order against P, and

(b)

where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order.

(2A)

Sub-paragraph (2) applies only if—

(a)

the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or

(b)

where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.”

(3)

In sub-paragraph (3A), for “the deportation order” substitute “the decision whether to make a deportation order, or the deportation order,”.

(4)

In sub-paragraph (3B), after “prevents” insert “the decision or”.

(5)

In sub-paragraph (3D), after “considers that” insert “the decision or”.

(6)

Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections (7) to (9).

(7)

In subsection (7)—

(a)

in paragraph (c), for the words from “has decided” to the end of the paragraph substitute “—

(i)

is considering whether to make a deportation order,

(ii)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act applies;”, and

(b)

in paragraph (f)(ii), after “(c)(i)” insert “or (iii)”.

(8)

In subsection (8), in paragraph (c), for the words from “, when” to the end of the paragraph substitute “—

(i)

when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);”.

(9)

In subsection (9)(c)—

(a)

before sub-paragraph (i) insert—

“(zi)

the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,”, and

(b)

in sub-paragraph (i), after “(7)(c)” insert “(iii) or (iv)”.

(10)

Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772) (photographs) is amended in accordance with subsections (11) to (13).

(11)

In paragraph (7)—

(a)

for sub-paragraph (c) substitute—

“(c)

any person (“C”) in respect of whom the Secretary of State—

(i)

is considering whether to make a deportation order,

(ii)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act applies;”, and

(b)

in sub-paragraph (g)(ii), after “(c)(i)” insert “or (iii)”.

(12)

In paragraph (11), in sub-paragraph (c), for the words from “, when” to the end of the sub-paragraph substitute “—

(i)

when C is notified of the matter mentioned in paragraph (7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified of the decision mentioned in paragraph (7)(c)(iii) or (iv);”.

(13)

In paragraph (12)(a)(iii)—

(a)

before sub-paragraph (aa) insert—

“(zaa)

the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C;”, and

(b)

in sub-paragraph (aa), for “(7)(c)(i)” substitute “(7)(c)(iii) or (iv)”.

(14)

Section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) is amended in accordance with subsections (15) and (16).

(15)

In subsection (2)—

(a)

for paragraph (b) substitute—

“(b)

in respect of whom the Secretary of State—

(i)

is considering whether to make a deportation order under section 5(1) of that Act,

(ii)

has decided to make such a deportation order, or

(iii)

has made such a deportation order, or”,

(b)

omit paragraph (c) and the “or” at the end of that paragraph, and

(c)

for paragraph (d) substitute—

“(d)

in respect of whom the Secretary of State—

(i)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(ii)

has decided that section 32(5) of that Act applies, or

(iii)

has made such a deportation order in accordance with section 32(5) of that Act.”

(16)

After subsection (4) insert—

“(4A)

The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a)

the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or

(b)

where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.

(4B)

The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a)

the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or

(b)

where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.”

(17)

The amendments made by subsections (1) to (13) are to be treated as always having had effect.