Denmark has unveiled legislation that would widen grounds for deporting non-citizens, including people convicted of serious crimes, despite the risk of legal clashes with the European Court of Human Rights. The package — set to take effect on May 1 if approved — raises the deportation threshold to sentences of one year or more and includes electronic tagging, reopening the embassy in Syria and appointing a deportation envoy. The government says the measures reflect wider European shifts on migration and responds to domestic political pressure ahead of an election.
Denmark Moves to Toughen Deportation Laws, Risking Clash With European Human Rights Court
Danish Prime Minister Mette Frederiksen attends a session with heads of state at the Hamburg Townhall, on the day of the third international North Sea Summit, in Hamburg, Germany January 26, 2026. REUTERS/Fabian Bimmer/Pool
Denmark announced on Friday a package of immigration measures designed to expand the grounds for deporting non-citizens — including those convicted of serious crimes — even though the changes could provoke legal challenges at the Strasbourg-based European Court of Human Rights.
Government Signals It Will Act Without Waiting For Court Changes
Prime Minister Mette Frederiksen said her centre-right coalition will press ahead without waiting for the court to alter its interpretation of the European Convention on Human Rights on immigration matters.
"Some experts might think that we are breaking the convention with this. We see it the other way around," Frederiksen said at a press conference, acknowledging legal risks while defending the policy shift.
The move reflects a broader European trend toward tougher asylum and migration policies, with several governments expressing frustration that rulings from the European Court of Human Rights have at times blocked deportations, notably on the basis of family ties.
Key Measures Proposed
If approved, the reforms are scheduled to take effect on May 1. Major elements include:
- Higher deportation threshold: The government would make it easier to expel foreign nationals convicted of serious crimes by raising the bar so that those sentenced to one year or more could face deportation.
- Electronic tagging: Authorities would be able to electronically tag people without residency permits who fail to meet reporting obligations.
- Diplomatic and enforcement steps: Proposals include reopening Denmark's embassy in Syria — a principal source of recent migrants — and appointing a dedicated deportation envoy.
- Regional and permit measures: Copenhagen plans to explore hosting a potential first EU reception centre outside the bloc and to intensify reviews aimed at revoking refugee permits.
The government says these measures are intended to strengthen Denmark's ability to remove people it deems a security risk or who do not qualify for protection under national rules.
Political Context And Asylum Figures
Frederiksen acknowledged pressure from nationalist and anti-immigration parties that have gained support ahead of an election expected by October 31. Her Social Democratic-led government has already adopted tougher immigration policies since she became prime minister in 2019.
Denmark, which has a population of about 6 million, granted asylum to 839 people in the first 11 months of 2025 and is on track to approve fewer than 1,000 claims for the year — one of the lowest totals since 1983. Most recent applicants have come from Syria, Afghanistan, Eritrea and Somalia.
The government also reported a polling boost after its handling of a diplomatic dispute linked to U.S. President Donald Trump's interest in Greenland, though overall approval ratings remain below the party's 2022 election levels.
Reporting by Stine Jacobsen and Soren Jeppesen; editing by Jacob Gronholt-Pedersen and Andrew Cawthorne.
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