Denmark has announced new deportation laws that will expel foreign nationals jailed for a year or more from 1 May.
The government said that the move is needed to tighten immigration rules, even if it risks clashing with European human rights laws.
Stricter deportation rules
Denmark’s proposed law would make deportation mandatory for foreign nationals sentenced to one year or more in prison for serious offences, including rape and aggravated assault.
Under the current system, deportation decisions are made on a case-by-case basis, considering factors like human rights protections. If adopted, the new rules would take effect from 1 May.
Prime Minister Mette Frederiksen said that her government was acting “unconventionally” by pushing forward legislation instead of waiting for decisions from the European Court of Human Rights.
She added that “some experts might think that we are breaking the convention with this,” but that the government sees it differently.
Electronic tags, embassy moves
The legislative package includes additional measures aimed at foreigners without legal residence. These measures involve the introduction of electronic ankle monitors for those who do not comply with reporting requirements.
The Danish government also announced plans to reopen its embassy in Syria and to improve cooperation with authorities in Afghanistan. These moves are intended to support the return of individuals with deportation orders.
Deportations under scrutiny
According to Denmark’s Immigration and Integration Ministry, 315 foreign nationals from outside the European Union who were sentenced to more than a year in prison were not deported over the past five years.
The ministry also reported that about 70% of foreign nationals sentenced to one year or more have been expelled under existing rules.
The reforms aim to close legal gaps that currently allow some offenders to remain in Denmark. The government has stated its intention to ensure that all eligible individuals are removed once their sentence meets the threshold.
Human rights court in spotlight
In May 2025, Denmark and nine other European countries signed an open letter calling for a reinterpretation of the European Convention on Human Rights in relation to migration.
Frederiksen said that because many countries support changing how the convention is applied, Denmark is now proceeding with tighter rules.
The Prime Minister also claimed that the convention’s original drafters did not anticipate modern scenarios involving serious crimes committed by recent arrivals.
The new deportation rules are expected to face legal challenges if implemented. No formal response from the European Court of Human Rights has been issued.
Asylum numbers remain law
Denmark has maintained a restrictive immigration stance since Frederiksen’s government came to power in 2019.
In 2025, the country granted 839 asylum requests by the end of November—a number that the government said is among the lowest since 1983.
The current policies have aimed to limit both asylum intake and the number of migrants allowed to settle long-term.
Previous actions include reducing social housing in high-immigration areas and imposing restrictions on neighbourhood demographics.
Evolving migration tools
The Danish announcement comes as the EU finalises a new five-year strategy on migration. This includes strengthening partnerships with non-EU countries to support returns and reduce irregular migration.
The EU is also preparing to roll out the Entry/Exit System (EES) across participating countries by April 2026. The system will automate border checks for non-EU nationals and record their entry and exit using biometric data.
Separately, the European Travel Information and Authorisation System (ETIAS) is set to begin operations in late 2026, requiring visa-exempt travellers to apply for entry authorisation before short stays.
Visitors, migrants on alert
For short-term visitors, Denmark’s deportation law does not introduce new travel restrictions but forms part of a growing framework for monitoring non-EU nationals.
Once the EES is fully operational, travellers entering the Schengen Area—including Denmark—will be registered digitally, making it easier to detect overstays and entry violations.
ETIAS will add another layer of control by screening travellers before they arrive. Although Denmark’s deportation law targets individuals with criminal sentences, the broader system reinforces an emphasis on security and rule compliance across the EU.
Migrants and long-term residents may face stricter enforcement if the reforms are passed, especially those with pending asylum claims or criminal records.
Denmark’s approach could influence discussions in other member states also reviewing their deportation processes.
Legal fight ahead
If passed, Denmark’s deportation reform would establish one of the strictest expulsion thresholds in the European Union. The policy is likely to be contested in court and may be reviewed by the European Court of Human Rights.
Until then, the government is moving forward with legislation that aims to tighten border and migration controls amid shifting EU-wide strategies.