The Australian Government passed new legislation on Wednesday relating to the detainment of migrants on public safety grounds. The new law, which passed the Australian House of Representatives by a 68-59 vote, allows the government to indefinitely restrain migrants who cannot be deported or extradited should there be reasonable suspicion that they still pose a threat to the Australian people. This comes mainly as a response to the recent High Court rulings in Australia that made it illegal for the government to detain migrants indefinitely if they cannot be extradited to their home nation.

This ruling led directly to the release of dozens of individuals who were being held past the end of their prison sentences, which created safety concerns the government aimed to address.  Initially, the government introduced new laws to impose a strict curfew on all released migrants as well as mandatory ankle monitoring bracelets to keep track of potentially threatening individuals. However, these methods came under criticism, with detractors saying the bill did not respect the migrants’ rights to freedom of travel and treated them like criminals despite not being subject to criminal penalties.  Under the new regulations, the government will be able to indefinitely imprison any migrant that they deem to be a major threat to Australian public safety. This also helps bring to an end the constant monitoring of past offenders based on the authorities’ discretion on a case-by-case basis.

This new change means that the government can only detain someone when they are convinced that there is a serious risk to the safety of the public if that person is allowed to be free.  The move also coincides with an issue many nations are having to face as dangerous individuals who were arrested and sentenced at the beginning of the war on terror wrap up their sentences.