The plans will spark accusations from the Tories that Labour is effectively introducing an amnesty for the 90,000 migrants and neutering the deterrent to Channel crossings provided by the Rwanda scheme.
A Conservative Party spokesman said: “Without a plan to stop the boats, Labour’s pledges are completely worthless.
“For as long as Labour remain committed to scrapping our deterrence – even when it works – they will have a never-ending spiral of claims, at the expense of the taxpayer, because they will make the UK a magnet for every illegal migrant in Europe.”
But a Labour spokesman said the Government had created its own amnesty because the 90,000 migrants could neither be returned to safe countries such as Vietnam, Bangladesh or India nor processed through the asylum system and so faced being permanently housed in the UK at the taxpayers’ expense.
“Labour will clear the Tories’ chaotic backlog, saving the taxpayers over £2bn a year and set up a new Returns and Enforcement Unit with 1000 staff to make sure those with no right to be here are swiftly returned,” said the spokesman.
“Only Rishi Sunak and the Conservatives will take the bold action needed to stop the boats and control migration.”
The 90,000 migrants who entered the UK illegally have been left “in limbo” since arriving in the UK in the past 15 months because they are barred under the Illegal Migration Act from claiming asylum but have not yet been removed to Rwanda.
Mr Sunak has yet to implement the Illegal Migration Act which would formally declare their asylum claims inadmissible and enact powers for the Home Secretary to deport them to a safe third country such as Rwanda or their own nation.
Section 30 of the Act, however, also gives the Home Secretary the discretion to override deportation and grant migrants “limited leave to enter or limited leave to remain in the UK” and/or disregard the powers on the basis that their removal could breach international law such as the European Convention on Human Rights (ECHR).
It is understood Labour officials have been scrutinising the Illegal Migration Act and are said to be “broadly of the view” that they could use section 30 to start processing asylum claims without having to pass new legislation.
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.
