Farage’s mostly illegal immigration plans:
1. Recognise a National Security Threat
Legal.
• The UK government can declare a national security emergency if it deems there is an existential threat (e.g. terrorism, uncontrolled migration).
• But this declaration must be proportionate and evidence-based.
• It cannot be used arbitrarily to override all human rights protections, especially if the UK remains party to the ECHR or UN treaties.
2. Leave the European Convention on Human Rights (ECHR)
Legally possible, but politically and diplomatically explosive.
• Parliament can vote to withdraw via the Human Rights Act 1998 repeal.
• However:
• It would violate parts of the Good Friday Agreement (Northern Ireland).
• It could damage trade deals, especially with the EU (the ECHR is embedded in some agreements).
• It would likely remove individuals’ ability to appeal to Strasbourg, but UK courts would still be bound by some human rights law via other international treaties.
3. Zero Illegal Immigrants to Be Resettled in the UK
Not entirely legal under current obligations.
• The UK is bound by:
• 1951 UN Refugee Convention
• European Convention on Human Rights (unless exited)
• These allow for asylum claims, even from those who arrive illegally.
• Blanket refusal to resettle any illegal migrants would violate non-refoulement rules i.e. not returning someone to a place where they face torture or persecution.
4. Offshore Processing for Illegal Arrivals
Legally complex; politically controversial.
• Countries like Australia and Rwanda have done this, but:
• It must comply with international humanitarian law.
• UK’s Rwanda plan has been blocked by UK and ECHR courts for now, due to safety concerns.
• Would require:
• Treaty agreements with safe offshore countries.
• Strong human rights safeguards.
5. New Department of Immigration
legal.
• Creating a standalone immigration department is a domestic administrative choice.
• Would likely involve restructuring the Home Office or carving out a new ministry.
6. Pick Up Migrants and Return to France
Illegal under current treaties.
• International law (UNCLOS and SAR Convention) obliges rescue at sea, but not forced return to another country without their consent.
• France must agree to take people back which they do not currently.
• The claim that “we are legally allowed to do this” is not accurate under current treaties unless the migrant was rescued in French waters or France agrees.
7. Secure Detention for All Asylum Seekers
Legally questionable in blanket form.
• UK can detain individuals on case-by-case grounds (e.g., flight risk), but:
• Indefinite or automatic detention violates UK case law and ECHR rulings.
• Reform would require significant legislative changes and likely exit from ECHR.
8. Offshore Processing in British Overseas Territories
Legally possible, but raises concerns.
• Technically feasible, if the territory consents (e.g., Ascension Island).
• However:
• It would likely face judicial review under domestic and international law.
• Could be seen as evasion of asylum rights.
9. Immediate Deportation of Foreign Criminals
Possible, with limits.
• UK already deports foreign criminals, but:
• Deportation must respect Article 8 (right to family life) of the ECHR.
• Courts often block deportations for individuals with UK-born children or long-standing ties.
• A new policy would require a change in the legal balancing test.
10. Withdraw Citizenship for Immigrants Who Commit Crime
Legally possible, but subject to strict limits.
• UK law allows revocation of citizenship in cases involving terrorism, treason, or serious national harm, especially if the person has dual nationality.
• You cannot make someone stateless unless the person is not born British and citizenship was obtained by fraud or error.
• Withdrawing citizenship for “significant crime” would require new definitions and would be legally challenged.