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UK Borders Act 2007: Designated Officer Detention Powers, Biometric Immigration Documents and Automatic Deportation of Foreign Criminals

The UK Borders Act 2007 strengthened immigration enforcement at the border and introduced the duty to deport foreign criminals automatically, administered…

What UK Borders Act 2007: Designated Officer Detention Powers, Biometric Immigration Documents and Automatic Deportation of Foreign Criminals requires

The UK Borders Act 2007 strengthened immigration enforcement at the border and introduced the duty to deport foreign criminals automatically, administered by the Home Office. The opening provisions confer detention powers: section 1 provides for designated immigration officers, section 2 confers a power to detain a person at a port pending the arrival of a constable where the officer thinks the person may be liable to arrest, and section 3 deals with enforcement of that power. Sections 5 and 8 build the biometric framework: section 5 enables registration regulations requiring biometric immigration documents and section 8 governs the use and retention of biometric information. Sections 25 and 46 provide for forfeiture of detained property and seizure of nationality documents, and section 31 addresses people trafficking. The centrepiece is automatic deportation in Part 5: section 32 imposes a duty on the Secretary of State to make a deportation order in respect of a foreign criminal (defined as a person who is not a British citizen, is convicted in the United Kingdom of an offence, and is sentenced to imprisonment of at least twelve months or convicted of a specified offence), providing that deportation of such a person is conducive to the public good; and section 33 sets out the exceptions, including where removal would breach a person's rights under the European Convention on Human Rights or the United Kingdom's obligations under the Refugee Convention. The Act is the instrument that made deportation of qualifying foreign criminals the default and embedded biometric documents in the immigration system.

Pillar: Immigration & Border Control · Authority: UK Parliament / Home Office · Version: 1.0.0 · Last updated:

Primary source: https://www.legislation.gov.uk/ukpga/2007/30/contents

SHA-256 integrity: 9783ba2a961d5b931fcf47f1bb3051c7096e08966d5ae0537c43eb46dc5f245c

Primary Citations — 8 traced to source

  • UK Borders Act 2007, section 1 - designated immigration officers.
  • UK Borders Act 2007, section 2 - detention at a port pending the arrival of a constable; section 3 enforcement.

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