The conservatives have said they will push for the human rights act to not apply when it comes to immigration decisions.
The party has tabled an amendment to the border security, asylum and immigration bill which if passed would mean people cannot use the act to appeal deportation or other immigration decisions.
Kemi Badenoch has said the UK’s “ability to manage immigration is hindered by extremely distorted interpretations of international laws”.
The party says it wants to ensure the act does not interfere with the government’s ability to deport illegal migrants.
The human rights act enshrines the European convention on human rights into UK law and the tories say their amendments would not disapply those rules to non-immigration matters such as free speech.
If this amendment passes, the UK will still be in the ECHR, but last month Badenoch suggested the UK would “probably” have to leave if it stops the country from doing “what is right”.
She told an event at the policy exchange think tank: “When it comes to the ECHR, I have always been very clear that the ECHR should not stop us from doing what is right for the people of this country and what is right in our national interest.
“If it continues to do so, at some point we will probably have to leave.”
The explanatory statement to the amendment laid to the legislation says it will ensure “this Bill and other borders legislation and immigration decisions will not be frustrated by UK judges using the human rights act to hand down judgments based on expansive interpretations of the ECHR, or interim measures of the Strasbourg court”.
Badenoch said: “Our ability to manage immigration is hindered by extremely distorted interpretations of international laws.
“That’s why conservatives are putting amendments in Labour’s Borders bill that will disapply the human rights act from immigration matters. ”
She said it is “critical to shift immigration powers from the courts to parliament and elected ministers”, adding: “Operating in Britain’s national interest means recognising the government’s primary purpose: defending our borders, values and people.
“Our amendment aims to restore control and prioritise national security.”
By Caitlin Doherty, Deputy Political Editor, PA