Dozens of Irish people in Britain are being held without charge pending deportations, some of which are illegal, the Irish Commission for Prisoners Overseas (ICPO) said today.
Following a controversial interpretation of EU law transposed onto the UK statute books, UK authorities have since April, began deporting non-national prisoners after they have served their sentence.
But many are held after their sentence expires pending the processing of their deportation order.
Some have been detained since early May and in one case will have to wait until August while the Home Office processes a deportation order.
Those being held have not been charged with an offence and the ICPO believes the UK authorities interpretation of the Citizens Directive providing for deportations is illegal.
It says there are around 700 Irish prisoners in UK jails and there has been rash of deportations in recent months leading to many released convicts being sent back to Ireland while their families still live in Britain.
ICPO co-ordinator Gráinne Prior, said: "The ICPO's London office has dealt with 40 cases of deportation in the last month alone and these are cases that have come to our attention - there may be many more people being unlawfully detained."
Many of the deported have not lived in Ireland for years and have little or no support when they arrive on Irish shores. Some are forced to sleep rough and are lacking in the skills needed to access assistance.
"Many of the Irish people being subjected to deportation decisions have not only lived in the UK for many years but have families there; their children have attended English schools and are totally integrated into English society.
The ICPO believes that by abandoning people at airports back in Ireland where they have no family support or a place to stay there is a higher likelihood that they will find themselves involved in crime, even petty crime in order to survive."
The Citizen's Directive states that prisoners cannot be deported simply because they have committed a crime. It also requires states to be more lenient the longer a prisoner had lived in the state prior to their imprisonment.
Then home secretary Charles Clarke was sacked for failing to implement the legislation thereby allowing hundreds of non-national convicted criminals back on the streets.
The ICPO has raised the matter with British and Irish authorities Department of Foreign Affairs has made representations to the home office and the Labour Party's Michael D Higgins has raised the issue in the Dail.
Minister for Foreign Affairs told the Dail that the Home Office has indicated it has not yet finalised its policy on the issue but it is being "carefully considered in the context of the close relations between the two countries".