Infant Faces Deportation from Sweden Amid New Immigration Law Changes

An eight-month-old baby in Sweden has been ordered to be deported to Iran due to recent changes in immigration law that affect the infant's eligibility for residency. The baby's family holds temporary residence permits as relatives of the mother, who is employed in Sweden, but the child cannot obtain a residence permit because he was born after a law change in April 2025 that eliminated certain residency rights for dependents born following the reform.

The Swedish Migration Agency's decision hinges on the notion that the baby’s situation does not meet the criteria for "particularly distressing circumstances" required to grant residency on compassionate grounds. The Agency acknowledged that deportation would infringe upon the infant's rights but affirmed that the state’s interest in regulated immigration takes precedence. The family’s legal representative, Shila Monjezi, argues for a more nuanced interpretation of the law to better consider the welfare of small children in similar cases.

Legal experts, including Rebecca Thorburn Stern from Uppsala University and asylum law specialist Louise Dane, highlighted the complexities involved in deporting an infant. They stressed that while legal provisions exist for children, there is no outright ban on deportation, but the process must include an organized reception since a child cannot be deported alone. The experts have also expressed concerns that the deportation could conflict with the UN Convention on the Rights of the Child, which recognizes children as independent rights holders.

The family has appealed the decision to the Migration Court, and all deportations to Iran are currently paused due to ongoing security concerns. The mother’s current work permit is valid until October, which the family plans to use as a basis to apply for permanent residency.

This case has sparked significant public and legal debate about the impact of recent immigration law reforms on young children and underlines the pressing need to reassess how these changes are applied in practice, balancing the state's immigration interests with humanitarian considerations for vulnerable infants.