Migrants could avoid deportation because of “soft” new sentencing guidelines that will “blow a hole in border enforcement”.

The highly-criticised Sentencing Council has told judges to consider sentences far softer than the maximum penalty allowed by law for immigration offences.

Foreign criminals are eligible for deportation if they are sentenced to 12 months behind bars.

But many of the proposals by the Sentencing Council fall short of this.

And the quango has said a first offence should also be considered as a “mitigating” factor, and should result in a more lax sentence.

Shadow Justice Secretary Robert Jenrick said: “The guidelines the Sentencing Council have drafted will blow a hole in border enforcement. Yet again they are acting in a way that disregards parliament’s will.

“That’s why I brought forward a Bill to restore ministerial oversight to the Council, but shamefully Labour opposed it.

“The Justice Secretary has chosen to be powerless to stop madness like this and the two-tier sentencing rules.’”

Mr Jenrick added: “These soft sentence guidelines will be catnip for human rights lawyers. Hundreds of foreign offenders a year will be able to avoid deportation.”

The Sentencing Council says migrants found guilty of knowingly entering the UK without permission should be jailed for just six months.

The maximum sentence is currently four years behind bars,

Those trying to deceive immigration officials should face a sentence starting at nine months, the Sentencing Council says.

This is less than half of the two-year maximum sentence set out in law.

Possession of false identity documents relating to immigration has a maximum custodial sentence of ten years but the council suggests a starting point of just nine months.

A fourth offence of possessing false ID without “reasonable excuse” has a two-year maximum sentence in law but the council’s draft guidance suggests a starting point of just nine months.

The Sentencing Council has already provoked widespread fury by proposing a “two-tier” justice system which could cost taxpayers “tens of millions”.

The hugely controversial guidance said pre-sentence reports, which are designed to “tailor” sentences most appropriate to an offender’s history and background, should be prepared if a criminal is “transgender” or from an ethnic minority.

The new plans could mean white criminals are more likely to be jailed than ethnic minorities offenders.

Justice Secretary Shabana Mahmood has said she will use Labour’s upcoming Sentencing Bill to undo the plans, despite clashing with the Sentencing Council.

But Mr Jenrick fears that legislation won’t come into force for “at least a year”, plunging the UK into a two-tier justice crisis on April 1.

He told the Daily Express: “This two-tier sentencing guidance isn’t just deeply unfair.

“It will also likely cost the taxpayer tens of millions of pounds.

“It will blow a hole in the probation service’s budget and overwhelm them, creating delays that will mean victims have to wait longer for justice.

“The Justice Secretary was asleep at the wheel while her Department approved this guidance.

“Tomorrow she has a chance to fix her mess by backing my Bill to stop the two-tier system coming into force and preserve equality before the law.

“If Labour refuse, there will be two-tier justice under two-tier Keir in just 18 days time.”

And it will reignite fears over the abuse of Britain’s immigration system.

A rising number of foreign criminals are being given taxpayer-funded asylum accommodation because they will “never” be deported, the Daily Express can reveal.

In another shocking Home Office scandal, crooks are being given homes on an “indefinite basis” because of a lack of returns agreements.

Critics warned “violent thugs, sexual offenders and drug dealers” are “free to continue plaguing our nation and its communities”.

In an explosive submission to Parliament, asylum accommodation provider Serco told MPs: “We are also experiencing an increasing safeguarding risk as a result of the need to accommodate Foreign National Offenders (FNOs), or individuals tagged under the Home Office curfew scheme.

“Whilst in theory FNOs who have served their sentence should be transferred to Immigration Removal Centres to await deportation, a lack of returns agreements with certain countries means their nationals will never be deported.

“These individuals are therefore transferred to asylum accommodation on an indefinite basis.”

Home Office sources said it has been a “longstanding approach”, with some foreign offenders able to receive housing because they have claimed asylum.

More than 18,000 foreign criminals were living in the community in September, according to the latest Home Office figures.

More than 38,000 migrants are staying in hotel rooms, costing £5.5 million a day.

A further 65,707 are in other accommodation.

Putting someone in a hotel room costs £145 per night, compared with £14 for accommodation such as houses, bedsits and flats, the National Audit Office said.

The Daily Express previously revealed how the Home Office has rejected “alternative housing solutions” because of their costs “despite being cheaper than current contingency hotels”.

Asylum accommodation provider Serco has put forward plans for a “range of alternative medium-sized accommodation sites”, including converting student accommodation, but the Home Office Property Board has rejected the majority of the proposals.

This is likely to undermine Labour’s plan to close down migrant hotels.