Denial of Safeguard
In a controversial move, the current German coalition has decided on a hard line in migration policy, suspending the federal government's humanitarian resettlement programs indefinitely. This decision has affected sections 22 and 23 of the Residence Act, specifically the humanitarian visa program according to § 22, which allowed for the admission of acutely endangered people in exceptional cases.
The suspension of these programs has raised concerns, with some arguing that it violates international and European law. For instance, the rejection of Somali refugees at the German-Polish border and the denial of visas for refugees in Kenya who had received approval for resettlement in Germany through the UNHCR program have been cited as examples.
The consequences for those affected are devastating, particularly for political dissidents, human rights defenders, and those immediately threatened by persecution. Many former local employees from Afghanistan, who had worked for the federal government or organizations supported by Germany, are currently stuck in Pakistan, promised entry to Germany but now fear imprisonment and deportation back to Taliban-controlled Afghanistan.
The Taliban, who took power in Afghanistan in 2021, are an "unpleasant partner" for Berlin, supporting the government in coordinating deportations while leaving these Afghans behind in Pakistan. The federal government's decision to suspend these programs has consequences for Germany's international integrity and reputation, sending a clear message to allies and enemies that Berlin is open for cooperation with repressive governments.
The current political debate in Germany surrounds the former local employees from Afghanistan. There is a growing call for Germany to owe these local forces respect, recognition, loyalty, and necessary protection. However, there is no information about any organizations or persons filing a legal complaint against Federal Ministers Wadephul and Dobrindt to prevent the end of protection promises for these individuals.
On the contrary, Pro Asyl and the Partner Network Local Forces have filed a lawsuit against Federal Ministers Wadephul and Dobrindt, deeming the suspension of protection promises for these individuals as unlawful. Legal and diplomatic pressure has already forced the coalition to partially allow the entry of vulnerable Afghans again.
Since July, new applications for this program and other similar programs have not been accepted. After taking office in May, the coalition quickly decided on a series of measures to "curb migration," including ending the resettlement program for vulnerable Afghans, introducing pushbacks at the German borders, temporarily suspending family reunification for people with subsidiary protection status, and suspending Germany's participation in the UN refugee resettlement program.
However, it's important to note that helping persecuted people is not just a humanitarian gesture. It's an expression of German interest in supporting those who fight for rights and democracy on the ground, at a time when democratic actors worldwide are more challenged than ever. The consequences of not fulfilling Germany's responsibility towards these individuals could be severe, both on a human level for those waiting in Pakistan for their departure, and on a political level, as Germany risks undermining its credibility as a democratic actor.
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