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Justice Secretary David Lammy has unveiled a massive 75% surge in the early deportation of foreign national offenders (FNOs) under the new government, a dramatic increase that signals a determined effort to alleviate the acute prison overcrowding crisis across the UK. The Labour administration is championing the "early removal scheme" as a core component of its strategy to free up essential prison capacity and deliver on its border security promises.
The figures, announced by Mr. Lammy in the House of Commons, reveal that over the last year, more than 2,700 foreign criminals were deported via the early removal scheme, up significantly from just 1,560 during the final year of the previous Conservative Government. This jump represents a "step-change," according to the Justice Secretary, with weekly removals hitting a high of 114 in September, averaging approximately 16 per day. The total number of FNO returns—including enforced, voluntary, and port returns—has increased by 14% under Labour, demonstrating a broader acceleration of removal processes.
Unpacking the 75% Surge in Early Deportations
The "rocketing" 75% increase in early deportations under Labour signifies a fundamental shift in the application of the Early Removal Scheme (ERS). The ERS, which has been recently expanded, allows determinate-sentenced foreign national prisoners (FNPs) to be removed from the UK earlier than their typical earliest release point—historically the halfway mark of their sentence.
This sharp rise means the government is utilising new rules allowing FNOs to be removed significantly earlier, in some cases after serving as little as 30% of their requisite custodial term, and potentially up to four years before their earliest release date, up from a previous maximum of 18 months. The goal is two-fold: to relieve the immense pressure on the UK prison estate, which currently operates near 98% capacity, and to reduce the substantial cost to the taxpayer of holding foreign nationals in custody. The policy effectively trades the remainder of the UK prison sentence for immediate deportation.
The Court Process and Post-Deportation Status
For foreign national offenders removed under the Early Removal Scheme, the deportation action is a purely administrative one managed by the Home Office, specifically the Criminal Casework Directorate, rather than a criminal court proceeding. The decision for early removal is mandatory for all eligible determinate-sentenced FNPs confirmed to be liable for removal, irrespective of their sentence length or offence type.
Crucially, upon removal from the UK under the ERS, the individual is generally not subject to any further custody on arrival in their home country. The deportation itself is considered to replace the rest of the unserved custodial sentence. However, the deportation order carries a lasting legal consequence: the individual is legally barred from re-entering the UK. Should an FNO attempt to unlawfully return, they would be liable to serve the remaining portion of their original sentence from the moment of detection. Some FNOs cooperate with a voluntary alternative, the Facilitated Return Scheme (FRS), which may offer financial support for reintegration in exchange for waiving their right to appeal against deportation.
Top Nationalities of Foreign Offenders in the UK
The composition of the foreign national offender population in the UK’s prisons is diverse, with several countries consistently topping the list. The most common nationalities in prisons in England and Wales are:
- Albania: Consistently the most common nationality, accounting for an estimated 14% of the foreign national offender prison population as of mid-2023. Albanian nationals were also the most common nationality for enforced returns over the last four years, making up 28% (2,562) of enforced returns in the year ending June 2025.
- Poland: Ranks highly, making up approximately 8% of the FNO prison population.
- Romania: Represents about 7% of the FNO prison population and is also the top EU nationality for port returns.
- Ireland: Accounts for around 6% of the FNO prison population.
- Lithuania: Represents approximately 4% of the FNO prison population.
In the year ending June 2025, there were 5,265 total FNO returns, a 16% increase compared to the previous year. These returns are almost evenly split between EU (48%) and Non-EU (52%) nationals, with Albanian, Romanian, Polish, and Lithuanian nationals representing the top return categories. The data underscores the focus on European nationals, particularly post-Brexit, where the removal of those who commit crimes has become easier following the end of Freedom of Movement.
Government Commits to Further Action
Under-Secretary of State Jake Richards affirmed the government's commitment to "radical action," confirming that the changes are designed to ensure deportations happen "earlier and faster than before." He also pointed to future plans to "rebalance how human rights law is applied at home" and pursue international changes to prevent offenders from "abusing our laws," indicating further legislative reforms are likely to be on the agenda to streamline the process and overcome legal challenges to removal.
