Shadow Justice Secretary Robert Jenrick has launched a scathing attack on what he called “Two-Tier Keir” immigration gimmicks after it emerged that hundreds of foreign nationals convicted of immigration offences could avoid deportation under new draft sentencing guidelines.
The proposals, drawn up by the Sentencing Council, suggest reduced starting points for certain immigration-related offences. Under current rules, foreign offenders automatically face deportation if sentenced to 12 months or more in prison. However, the new guidance could result in lighter sentences, allowing many convicted migrants to fall below this threshold.
Jenrick warned the move would weaken border controls and diminish public trust in the justice system. “Under Two-Tier Keir immigration sentences are set to be watered down, meaning hundreds of foreign offenders will avoid the threshold for automatic deportation each year,” Jenrick said to the Daily Express.
“This makes a complete mockery of Labour’s immigration gimmicks. The Justice Secretary’s representative signed this off, and now our borders will be blown further open.”
He added: “The only people benefiting from this Labour Government are the trade unionists, criminals, and illegal migrants.”
Jenrick has called on Labour leader Sir Keir Starmer to back his proposed bill that would block the new sentencing guidance and to remove those responsible from the Sentencing Council. “Starmer must accept my Bill to block these ludicrous guidelines and sack the members of the Sentencing Council responsible for yet more madness,” he said.
The Sentencing Council first discussed the facilitation offence guidelines in July 2024, with broader immigration offences reviewed in November and again in January 2025. Reports suggest that a representative from Justice Secretary Shabana Mahmood’s office was present and approved the proposed changes.
Following mounting criticism, Mahmood has pledged to launch a formal review of the council’s role and how sentencing guidelines are drafted.
“I will review the proper role of the Sentencing Council and its processes,” she told MPs last month, following a “two-tier justice” row over the council’s recommendation that judges consider extra background information for offenders from certain minority groups. Those controversial suggestions have since been abandoned, following pressure from ministers and the introduction of emergency legislation.
A Ministry of Justice spokesperson emphasised the government’s position, saying: “This Government is committed to deporting eligible Foreign National Offenders as quickly as possible. Immigration offenders receiving sentences of less than 12 months can still be deported.”
As the debate continues, the issue is likely to remain a flashpoint in the wider political clash over crime, justice, and immigration.
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