Straight-Up Border Control: What the New Asylum Policies Mean at Germany's Borders
Enhanced border control regulations and their implications
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The authorities aren't mincing words anymore - border controls are getting a major upgrade. Alexander Dobrindt, the new Interior Minister of CSU, is enforcing a stricter asylum policy, and he isn't pulling any punches. Here's what you can expect at Germany's borders:
Will the border be manned comprehensively?
It's not about total control, but more federal police officers will be deployed in the coming weeks, not just on the highways, but at multiple locations. The number of officers will gradually increase.
Can asylum seekers still enter Germany by land?
Not every asylum seeker encountered by the federal police at the border will be rejected. However, the simple act of applying for asylum won't automatically save you from rejection in the future. Minister Dobrindt aims for a balance between "humanity and order." For example, pregnant women and children won't be rejected.
Is this similar to Friedrich Merz's stance before the election?
Before the election, Friedrich Merz, the CDU leader, declared he'd instruct the Interior Ministry to permanently control all borders and reject all unauthorized entries, even for those with a claim for protection. However, Dobrindt's announced changes seem to lean more towards rejections at the borders, rather than comprehensive control of all borders.
What did the traffic light coalition agree to in the coalition agreement?
"We will, in coordination with our European neighbors, carry out rejections at the common borders even in the case of asylum applications." Last year, around 229,751 people filed a first-time asylum application in Germany, which was around 100,000 fewer asylum applications than the previous year.
Are rejections nothing new?
No.Rejections have been happening in the past, particularly for people with a re-entry ban, after deportation, or for those without a visa who don't apply for asylum.
Is there sufficient personnel for permanent border controls?
Opinions vary on this matter. While more controls may tie up more officers who are directly deployed at the borders, rejections take less time than data collection and escorting the individual to the initial reception facility by the federal police if they're allowed to stay temporarily. Supporters of the new rules also hope that the deterrent effect of these stricter measures will reduce illegal entries in the long run.
Is this shift in policy in line with the EU asylum reform?
No.While the EU agreed on a common asylum reform last May after years of negotiations, it will take some time for it to come into effect. The national implementation plans were submitted at the end of 2024, with the new rules set to apply by June 2026 at the latest.
What are the potential implications of these rejections within the EU?
There are two contrasting assessments of this: Some warn that German unilateral rejections of asylum seekers could undermine trust between EU countries, and that this step, especially if based on legally dubious grounds, could prompt other member states to stop cooperating in the asylum system. In the worst-case scenario, the hard-fought common European asylum policy could unravel.
On the other hand, some experts consider this unlikely as there's growing interest in stricter migration control in numerous EU countries.
Is this all legally possible?
The legal situation regarding rejections at the border is currently unclear, as some experts interpret current EU law as not allowing rejections in principle. However, EU law allows for exceptions under certain conditions. Whether an emergency exists, and whether invoking this clause in this specific case would be legal, remains uncertain. The final decision lies with the European Court of Justice (ECJ).
A Step Away from Merkel's Refugee Policy?
In a sense, yes.Asylum seekers stranded in Hungary were allowed to continue their journey to Germany for humanitarian reasons in September 2015, under Chancellor Angela Merkel. Although the Federal Ministry of the Interior discussed turning them back at the German border at the time, it was not implemented. However, the new rules are expected to align Germany's asylum policy more closely with the broader European Union approach.
- The new asylum policy, as enforced by the Interior Minister Alexander Dobrindt, is not about total control but involves a significant increase in the deployment of federal police officers at multiple border locations.
- Contrary to a common misconception, rejections at Germany's borders are not a new phenomenon, and they have occurred in the past for people with a re-entry ban, after deportation, or for those without a visa who don't apply for asylum.
- The traffic light coalition, in their coalition agreement, agreed to perform rejections at common borders even in cases of asylum applications.
- While opinions vary on whether there is sufficient personnel for permanent border controls, supporters of the new rules hope that the deterrent effect of these stricter measures will reduce illegal entries in the long run.
