Post-Brexit Deportation: UK Government Risks 'Shooting Itself in the Foot'

The report, issued December 19, makes clear that EU citizens residing in the UK will be able to remain if and once the UK secedes from the European Union, and questions the practicability of any policy of mass EU national deportation. Harriet Harman MP, chair of the joint committee, said the government must not use individuals' fundamental rights as a "bargaining chip" in negotiations with the EU as a result.

"The Government will continue to have obligations under Article 8 of the European Convention on Human Rights… in the event the Government sought to deport EU nationals, there could be the potential for significant, expensive and lengthy litigation, leading to considerable legal uncertainty for a prolonged period of time, which would clog-up and overwhelm the court system."

Questions have been raised about the fates of the 3.3 million EU citizens currently residing in the UK, after Secretary of State for International Trade Liam Fox said EU nationals in the UK were one of the government's "main cards" in Brexit negotiations. The JCHR sought to decisively resolve this question in the report.

Chai Patel, legal and policy director at the Joint Council for the Welfare of Immigrants, confirmed to Sputnik that it would be administratively and financially "impossible" for the UK to handle the number of legal cases that would ensue if it attempted to remove all, or even a large proportion of EU nationals resident in the UK.

"If the Government ever tried to carry out its implied threat of removing EU nationals already resident in the UK, it would be shooting itself in the foot. The UK cannot possibly remove all EU nationals resident here without breaching our international and domestic legal obligations. Nor could we process the human rights claims or other legal claims of the almost four million people whom they'd need to try and remove. The Government must stop making empty threats, which cause fear in people and families across the UK."

The report also sharply criticized government ministers, in particular the Secretary of State for Justice, Elizabeth Truss MP, for not giving evidence to the committee despite invitation.

"We are firmly of the view [Truss] should have appeared. The fact that she chose not to is unacceptable. On November 11, almost two months after our initial correspondence and call for evidence, we received a letter from Liam Fox MP providing an extremely limited response to our questions on international trade deals. Notably, the Government failed to provide us with any substantive written evidence."