Government and Sweden Democrats tighten rules for foreigners who cannot be deported

The government and the Sweden Democrats have decided on a referral to the Council on Legislation with proposals and tightening of a new system for foreigners who, due to temporary enforcement obstacles, cannot be deported. At the same time, the police are proposed to be able to recommend the deportation of certain specific criminal foreigners.

The government’s proposal concerns, among other things, individuals who may pose a security threat or who have been deported due to crimes. The purpose is to create a more effective return work and to ensure, as far as possible, that the persons concerned are not granted residence permits in Sweden.

According to current regulations, foreigners who, for example, are to be deported for security reasons or due to crimes, but where deportation cannot be carried out due to temporary enforcement obstacles, are generally granted temporary residence permits. This means that they can continue to live as usual in Sweden with full access to welfare systems and can travel freely within the EU.

The government describes it as a matter of course to now change these rules, especially when it comes to individuals who pose a threat to Swedish security or who have committed crimes. The new rules mean that individuals, while waiting for the deportation to be carried out, no longer have the same opportunities to work, benefit from Swedish welfare, or travel.

Press conference. Photo: Pernilla Rutberg/Government Offices of Sweden

“If you come to Sweden and commit a crime, you also choose to not be in Sweden. We must ensure that, for example, those convicted of crimes who currently cannot be deported, do not continue to work or benefit from Swedish welfare. It is about standing up for the victims of crime and all people who do the right thing,” says Minister for Migration Johan Forssell (M).

The Swedish Migration Agency, the Police Authority, and the Security Service are also given better opportunities to control individuals while waiting for the deportation to be carried out.

“The current rules where individuals who have been sentenced to deportation due to crimes, or who pose a security threat, are granted residence permits in cases where deportation cannot be carried out are problematic. Such individuals can even receive social assistance and other benefits, which is completely unreasonable. We are now introducing a new system that means that such individuals will have a minimum of rights and freedoms in Sweden, with the aim that they should leave the country as soon as possible,” says Ludvig Aspling, the Sweden Democrats’ spokesperson on migration policy.

Summary

As a main rule, the enforcement of a decision on expulsion or deportation shall be postponed in case of temporary enforcement obstacles, instead of granting the foreigner a residence permit.

The foreigner may be subject to an obligation to report and prohibited from leaving a specific area.

Anyone who violates the obligation to report or the prohibition to leave a specific area may be sentenced to imprisonment for up to one year.

The foreigner shall be assigned a place of residence at one of the Migration Agency’s accommodations and, as a main rule, only reside there in order to be entitled to financial support.

The foreigner’s right to work and access to welfare benefits is limited.

The proposed legislative amendments are intended to enter into force on 1 May 2026.

The entire press conference:

Police to be able to recommend deportation

A few days ago, a new proposal for the police was also presented, which means that the authority should be able to identify particularly dangerous criminal foreigners who are considered to be deported, without necessarily having committed a crime, provided they are not Swedish citizens.

The proposal comes in an investigation that has reviewed the law on special control of certain foreigners, LSU, and was initiated against the background of the serious security situation in which Sweden finds itself. Today, the law is used to deport foreigners who pose a serious security threat or whom it is believed may commit or assist in terrorist offenses.

Those who may be relevant in these cases are foreigners who “participate in or have connections with criminal networks”.

Gunnar Strömmer (M). Photo: Pernilla Rutberg/Government Offices of Sweden

“We will analyze what the investigation has to say. But it is important to emphasize that it will, of course, require a concrete and tangible connection to such criminal activity, and also a certain seriousness in the criminal activity,” says Minister of Justice Gunnar Strömmer (M) to TT.

The proposal is now being sent out for referral.