Indian nationals serving prison sentences in the United Kingdom, including those with ongoing asylum appeals, could soon be deported before their claims are resolved under a major expansion of the U.K. government’s ‘deport now, appeal later’ policy.

The U.K. Home Office announced late on Sunday that the list of countries covered under the scheme has grown from eight to 23, with India among the latest additions. Other newly added countries include Australia, Canada, Bulgaria, Angola, Botswana, Brunei, Guyana, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda, and Zambia.

The policy allows the British government to remove foreign nationals whose human rights claims have been denied before their appeals are concluded, enabling them to participate in the appeals process from their home country via video link.

Impact on Indian Prisoners

As of June 30, 2024, there were 273 Indian citizens in prisons across England and Wales, according to government data. Foreign nationals make up around 12% of the U.K.’s prison population. The new measures could mean that many Indian inmates with pending appeals may be deported much earlier than previously possible.

A second policy announced over the weekend will allow the immediate removal of many foreign nationals after conviction, bypassing the current requirement that they serve at least 30% of their sentences in the U.K. This change, which will come into effect in September, is aimed at easing prison overcrowding. However, individuals convicted of terrorism, murder, or other offences that carry life sentences will be excluded and must serve their time in Britain.

Political Context

The changes come as Prime Minister Keir Starmer’s Labour government seeks to tighten rules around both legal and illegal migration. Since winning a landslide victory in July 2024, Mr. Starmer has faced mounting pressure from the far-right Reform UK Party, which performed strongly in the May 1 local elections, overtaking the Conservatives in several areas and signalling growing voter discontent over migration policy.

Foreign Secretary David Lammy said the move was part of a broader effort to “increase the number of countries where foreign criminals can be swiftly returned.” He added, “If they want to appeal, they can do so safely from their home country.”

Addressing Prison Overcrowding

The Justice Ministry has been exploring multiple measures to reduce pressure on the prison system, which has been struggling with capacity issues. The government had already reduced the time foreign nationals must serve before deportation from 50% to 30% of their sentence. The new law allowing removal immediately after conviction marks a further escalation in efforts to free up space.

Alongside deportations, the Labour government has also been considering the creation of overseas “return hubs” to process and house deported migrants, though no concrete plans have been finalised.

With the new rules in place, Indian prisoners — along with those from the other 22 countries on the expanded list — could find themselves back in their home nations far sooner than expected, participating in appeals remotely as Britain pushes ahead with its stricter migration enforcement agenda.