Despite the law being tightened as recently as 2022, the number of deportation sentences for crimes has not increased. Now the government is proposing further tightening of the law in a referral to the legislative council.
"Far too few foreign criminals have been sentenced to deportation. It is a systemic error," says Migration Minister Johan Forssell (M).
Among other things, it is proposed that the main rule should be that all punishments more severe than a fine should be combined with deportation. Currently, a minimum of six months in prison is required.
Prosecutors must request deportation
Prosecutors are also proposed to be required to request deportation for crimes that result in prison sentences. Today, they do not always do this.
One reason may be that prosecutors believe the courts will still conclude that the ties to Sweden are so strong that the person should be allowed to stay after serving their sentence.
Even after the law is tightened, the courts will still have to take into account the defendant's ties to Sweden. However, the threshold for ties to be considered strong enough to outweigh the grounds for deportation will be raised.
The investigation that forms the basis for the stricter laws has assessed that the effects will be that the number of people sentenced to deportation due to crimes will increase from the current approximately 500 each year to 3,000.
Many are not carried out
The bill also means that the ban on returning to Sweden will be longer and in many cases without a time limit.
But even if the number of foreign criminals sentenced to deportation becomes significantly higher than today, there may still be obstacles to carrying out the deportations.
This could, for example, arise where the lives of those being deported would be in danger. It could also be a case of receiving countries not accepting them, if the deportation is taking place against the person's will.
The legislative amendments are proposed to enter into force on September 1, 2026.
