Crime and Justice International Magazine - Sam Houston State University

Foreigners including those who have failed in their bids to claim asylum will be able to buy their freedom by posting a cash “bail bond” or wearing an electronic tag to avoid being sent to a detention centre.

There are currently just 2,500 places in detention centres around Britain. But more than half a million foreigners are thought to be living in the UK illegally.

Overcrowding at some of these centres have led to a series of riots and disturbances in recent months.

To ease the pressure, ministers are introducing the plan to allow those considered to be at low risk of absconding to pay a bond to ensure they will not skip bail. However, they refused to state how much immigrants would have to pay.

Critics suggested that whatever the charge, the scheme would do little to deter desperate people who may have already risked a great deal to come to the UK from disappearing again. Electronic tags have also proved unreliable in keeping track of criminals.

James Clappison, a Conservative member of the Commons Home Affairs Select Committee, said: “I would have severe doubts about the workability of a bail bond scheme.

“It would have to be set very high indeed in order to stop people simply absconding and forfeiting their cash. We already have a problem with enforcement.

“Surely the answer if there are not enough places in detention centres is to stop illegal immigration in the first place.

“The Government has been reckless in the extreme in allowing so many people in - and this measure will do little to solve the problem.”

Andrew Green, chairman of Migrationwatch, which campaigns against mass immigration, said: “A bail bond is not a sensible alternative to detention because the prize is a continued illegal presence in Britain.

“At whatever level they set bail, it would be peanuts compared to the benefits of disappearing into the black economy.”

Damian Green, the shadow immigration secretary, said: “The level of the bail bond would need to be high enough to act as a sufficient deterrent to illegal activity.

“We are alarmed that the government is not being more candid about the level they intend to demand to ensure that absconding does not occur.”

Last year, electronic tagging was exposed as flawed after it emerged that the system frequently crashes, tags can fail when the mobile phone network is down and that the devices are rendered useless when offenders take a bath - allowing them to escape detection for long periods.

The BBC’s Panorama programme also found that offenders could remove the metal tag by melting it with a cigarette lighter.

Immigration detention centres have come under increasing pressure in recent years as the Government steps up the number of deportations in response to rising illegal migration.

Up to 1,500 additional places are due to be created with the establishment of two new centres, but ministers remain concerned that there will not be enough room for the large number needed to cope with the current crackdown, and want to ensure that spaces are reserved for those considered most unsuitable.

Last year, the UK Borders Agency deported 63,140 illegal immigrants, including 4,200 foreign national prisoners.

Under the plans for a new bail bond, the UKBA would set bail an after an assessment of the individual’s income, at a rate considered too great for the immigrant to afford to forgo.

Held by the Home Secretary, the money would be forfeited if the immigrant went missing, and bail bonds would only be available to those considered to be at low risk of absconding.

Instead, they would be required to report to an immigration officer at regular intervals - and sent to a detention centre if they failed to abide by the rules.

A Home Office spokesperson said: “Last year we removed someone very eight minutes. If anything gets in our way, and a court orders temporary release, we want there to be new powers to demand a bail bond up front.”

Families with young children are likely to be among the first to be invited to post bail bonds in order to stop the incarceration of under-16s, which ministers and immigration staff privately admit they find distressing.

The bail bond plans are included in the draft Citizenship and Immigration Bill, which sets out new demands on those who wish to live and work in the UK, as well as the punishments liable for those who break the rules.

It includes proposals to charge those who have been deported from the UK for breaching their visa or committing other immigration crimes thousands of pounds if they want to come back for a visit.

Deported foreigners will in future receive an automatic ban of varying lengths depending on the seriousness of their offence.

Those guilty of a serious crime would almost certainly receive a lifetime ban, while someone who overstayed a student visa by several years and then refused to return home could be barred from visiting the UK 10 years.

Before they were allowed back to the UK for a visit, they would have to repay the costs of their deportation - which currently stand at around £11,000.

Under the terms of the Bill, new arrivals would have to “earn” citizenship in three stages, with a fast track for those who prove they can integrate into the community, pay their way and speak English.

It follows an opinion poll by Mori, commissioned by the Home Office, showing that 70 per cent of the public think that newcomers should earn the right to stay in Britain and 83 per cent want new arrivals to be made to learn English.

Launching the Bill yesterday, Jacqui Smith, the Home Secretary, said: “In recent months we have listened to people across Britain and the message is clear - they want those who want to make Britain their home to speak English, to work hard, and to earn the right to stay here.”

The Home Office also revealed new details of a fund which will be raised from a levy on fees paid by foreigners who want to become UK citizens.

Police and local councils will be able to draw on a cash pool of “tens of millions of pounds” gained from a levy charged during each stage of the citizenship process.