The removal of persons involved in criminality, and those who pose a danger to society, is a priority for me as Minister. The enforcement of deportation orders is an operational matter for the Garda National Immigration Bureau (GNIB), and my Department works closely with GNIB and the Irish Prison Service to ensure that high-risk individuals are prioritised for removal from Ireland.
Under section 3 of the Immigration Act 1999 (as amended), a deportation order may be made in respect of a non-national on a number of grounds, including:
- under section 3(2)(a), a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State;
- under section 3(2)(b), a person whose deportation has been recommended by a court in the State before which that person was indicted for, or charged with, any crime or offence;
- under section 3(2)(i), a person whose deportation would, in the opinion of the Minister, be conducive to the common good; and
- under section 51 of the International Protection Act 2015, persons who have been refused international protection.
Under the European Communities (Free Movement of Persons) Regulations 2015, which transpose the Free Movement Directive (Directive 2004/38/EC) into Irish law, both removal orders and exclusion orders may be made in respect of citizens of the European Union, the European Economic Area and Switzerland. Such orders may be made on grounds of public policy, public security or public health.
Under section 24 of the Prisons Act 2007 (as amended), the Minister for Justice, Home Affairs and Migration may direct that a person serving a sentence of imprisonment, who is subject to a deportation order, removal order or return decision, may be removed from prison up to two years before the completion of their sentence where necessary or expedient to facilitate the person's deportation, removal or return.
My Department works to ensure that deportation and removal cases involving persons serving custodial sentences are progressed as early as possible. To that end, my Department seeks to initiate and progress deportation and removal processes while an individual remains in custody, including engaging at an early stage with relevant embassies and consular authorities regarding travel documentation requirements.
My Department works closely with the Irish Prison Service and An Garda Síochána to identify cases in advance of release dates and to prioritise the processing of higher-risk cases. In addition, procedures are kept under continuous review with a view to reducing delays and ensuring that legally robust decisions can issue at the earliest opportunity.
Where decisions are not finalised while individuals are in custody, the process continues following their release.
I can advise the Deputy that all 41 individuals who were released from custody prior to their removal in 2026 were subsequently removed successfully from the State. The majority of these individuals were arrested on the day of their release from prison and detained on immigration detention grounds pending their removal from the State. Accordingly, there are no cases among this cohort where the whereabouts of the individual are unknown.
The Deputy may also wish to note that the relevant legislative provision governing immigration detention is section 5 of the Immigration Act 1999, which provides that a person detained in connection with a deportation order may be held for a period of no more than 56 days pending their removal from the State. Similarly, Regulation 22 of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015) provides that a person detained in connection with a removal order may be held for a period of no more than 28 days pending their removal from the State.
