The legal advice that has now been completed means that foreigners with deportation orders can be detained or placed under supervision in more cases than currently and held in detention for longer periods if there is a risk that they will go underground.
Detention periods vary, for example depending on whether the person has sought asylum or not. The maximum period an adult who has not sought asylum can be held in detention is 18 months.
Maximum time in detention
The maximum period of detention for children will also be extended from the current three-day general rule, with the possibility of extending it to six days if there are exceptional reasons. The bill provides for a maximum period of six days as a general rule, with the possibility of extending it by a further six days.
There are very few minors in detention today and I believe that this will continue to happen only in exceptional cases, says Forssell.
For children who are to be deported due to a crime or because they pose a security threat, a maximum period of detention of three months is proposed, which can be extended to six months in exceptional circumstances.
The legislative advice also includes a new form of supervision, a residence obligation. This means that a foreigner must reside within a certain area. Such an obligation should be able to be combined with an electronic ankle bracelet to monitor that the person remains within the area.
“Best for everyone”
According to Forssell, legislative changes are needed to combat the shadow society and ensure that foreigners with deportation orders actually leave Sweden. This primarily concerns people whose asylum applications have been rejected, but also people who are to be deported due to crimes.
"It's a question of Sweden's security. We need to know who is in the country," says Forssell.
The investigation that forms the basis for the government's proposal assesses that the effect will be that approximately 710 more decisions on detention or supervision will be made per year compared to today.
More people will be in detention or have electronic monitoring, but in the long term it could also mean that the number actually decreases, because people will return home voluntarily. That is the best thing for everyone, says Forssell.
