SD and the Government to Force Prosecutors to Deport Criminal Immigrants

Time and again, prosecutors ignore, in connection with indictments, to request deportation for severely criminal immigrants. Now, the Sweden Democrats have lost confidence in the Swedish Prosecution Authority, and together with the government, intend to introduce a law that forces prosecutors to do so.
– There’s something damn mysterious going on, says the Sweden Democrats’ spokesperson on migration policy, Ludvig Aspling, to Samnytt.

Those who are not Swedish citizens and who are convicted of a serious crime in Sweden can also be sentenced to deportation. Most people are likely aware of this.

But for deportation to be possible, the prosecutor usually must submit such a request in writing to the court as part of their indictment. If this is not done, the foreign defendant is not deported, regardless of how serious the crime is.

SD has had enough

A court can, of course, independently decide on deportation, even if the prosecutor has not requested it. In legal terms, this is called ‘ex officio.’ But this only happens in exceptional cases and is something courts generally avoid.

The reason is that if no deportation request has been submitted by the prosecutor, there is also no statement from the Migration Agency regarding deportation. The court therefore does not know what the legal grounds for deportation are.

And it is not uncommon for seriously criminal immigrants to avoid deportation, simply because the responsible prosecutor has forgotten or, for other reasons, has not submitted a deportation request.

This is something the Sweden Democrats have tired of and now want to make an obligatory step.

– That’s exactly what it sounds like. There will be a rule saying that prosecutors must request deportation. It’s not more complicated than that, explains the Sweden Democrats’ spokesperson on migration policy, Ludvig Aspling, to Samnytt.

A new mandatory law

The Tidö parties, that is, the government parties and the Sweden Democrats, have, since spring 2024, been working on new legislation for deportation due to crime. According to a newly proposed main rule, all crimes that lead to a more severe penalty than fines may result in deportation.

But the government and SD also want to take away prosecutors’ power to decide when to request deportation. Instead, they will be forced to always do so, leaving it up to the court to decide the matter.

“A consequence of the proposed model is that prosecutors in some cases will submit requests for deportation even though it may appear obvious that the request will not be granted,” notes the government’s investigator.

The new arrangement is facing resistance, not least from the Prosecution Authority, which in a consultation response signed by Deputy Chief Prosecutor Eva Thunegard, opposes it. But Ludvig Aspling claims the new law is necessary, simply because the prosecutors are failing to do their job.

– There is no other rule that prosecutors choose to ignore. Prosecutors generally do not ignore requests for business bans or similar measures. This is the only rule that prosecutors disregard, and that’s why the compulsion is coming, he says.

So you don’t think the prosecutors are doing their job?

– No, it’s completely obvious.

“Something damn mysterious is going on”

Ludvig Aspling notes that the Prosecution Authority has a legal guideline, which includes a checklist for when to request deportation, but that many prosecutors do not follow it.

– There are countless examples of prosecutors who simply ignore it, he says.

He doesn’t point to any specific prosecutors, rather claiming the problem is deeper than that.

– One must view the authority as a whole. There are examples of crimes that were obviously deportation-worthy, yet no request was submitted, he says.

He also reacts to the fact that prosecutors, when asked why they have not requested deportation, sometimes refuse to answer questions from the media, partly citing that “they cannot discuss the reasons.”

– Then I think: Wait a minute! Should the authority make decisions based on information that isn’t public? Everything related to the indictment should be public. That’s when you notice there is something damn mysterious going on here.

SD backs the proposal

On April 1, the government presented its bill, i.e., proposed legislation. The bill is currently being processed by the parliament. The Left Party, Green Party, and Centre Party have presented their own motions opposing the government’s tougher stance on immigrant criminals.

“Parliament rejects the proposal for a requirement that prosecutors must request deportation decisions,” writes, for example, the Centre Party’s spokesperson on migration policy, Niels Paarup-Petersen, in his party’s response.

The parliament is expected to vote on the new, stricter deportation rules before the summer recess in mid-June. And the Sweden Democrats’ migration policy spokesperson makes no secret of the fact that it is thanks to his party that it now looks like it will go through.

– This is a bit unorthodox, and it would never have become reality without us, says Ludvig Aspling.