Nigel Farage's plan for the mass deportation of small boat migrants would likely be blocked by the courts under common law, Dominic Grieve has claimed.
The Reform UK leader will this morning unveil how his party's plans to tackle illegal immigration if it was to enter government.
Arresting asylum seekers on arrival, automatic detention and forced deportation to countries such as Afghanistan and Eritrea are among the proposals reported to be announced.
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The plans also include deals with third countries, which could include reviving the Conservatives’ Rwanda link-up, and sending asylum seekers to British overseas territories such as Ascension Island as a “fallback” option.
The party's first step would be to leave the European Convention on Human Rights and to scrap the Human Rights Act, followed by legislation to bar those who come to the UK on small boats from claiming asylum.
Former attorney general Mr Grieve has however warned that Reform could face obstacles if it was to try and put the plans in place.
He told The Independent: "You still can’t rule out that a court might – in the case of somebody where it was quite clear they were going to be deported, in circumstances where their lives would be seriously at risk in their home country – intervene to stop deportation under customary law or even the common law.”
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Dominic Grieve has warned Reform UK could face some obstacles if it was to try and implement the plans
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Mr Grieve further warned it could lead to political unrest, as some Britons may think the Government is "failing to honour obligations to genuine refugees".
However, he said the biggest problem Reform UK could encounter is that countries may not be willing to take back illegal migrants or criminals.
"Now, the government would have to apply political leverage on those foreign states, including, I suppose, threatening them if they didn’t cooperate", he explained.
Nigel Farage will lay out his party's plans to tackle the migrant crisis today
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Sir Keir Starmer is facing growing pressure from senior Labour figures and his own supporters to tackle the migrant crisis, who feel the Government’s attempts to tackle the migrant crisis have so far failed.
YouGov polling released over the weekend found that 71 per cent of voters believe the Prime Minister is handling the asylum hotel issue badly, including 56 per cent of Labour supporters.
The poll meanwhile showed that voters believe Reform is the party best positioned to handle the issue of immigration and asylum.
Some 31 per cent answered Reform, while 27 per cent picked the "don't know" option, 18 per cent said "none" and just nine percent believe Labour is the best party to handle the issue.
Figures show a record 28,288 people have crossed the English Channel in small boats this year so far.
More than 28,000 people have crossed the Channel in small boats so far this year
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Almost 900 migrants made the journey over the bank holiday weekend alone, taking the number who have arrived since Mr Starmer took office to more than 52,000.
Protests continue outside migrant hotels across the country, including in Castle Bromwich near Birmingham and in Canary Wharf, London, in recent days.
The Government has pledged to shut all asylum hotels by 2029.