Speedin' Up the Game: Germany's Migration Policy Shift
Government endorses additional modifications to migration policy framework
Berlin - The black-red cabinet's latest move involves a shift in migration policy announced by the Union, with an ambitious plan to expedite asylum decisions and facilitate the removal of rejected claimants. The government spokesperson confirmed that a Ministry of Interior formulation aid will be given to the coalition factions to designate states as safe countries of origin, enabling the federal government to make such classifications by regulation without the Bundesrat's consent.
Previously, states aligned with the Greens and the Left have obstructed similar initiatives. This newly adopted amendment, which requires Bundestag approval, is intended to break through those barriers and streamline asylum processing for individuals hailing from designated states.
"This is all about executing the 'asylum turnaround'," declared Federal Interior Minister Alexander Dobrindt (CSU), addressing questions from MPs about border rejections of asylum seekers he had ordered. This policy adjustment is earning positive reviews from Germany's neighboring states. However, critics from the Left and the Greens argue that Dobrindt spoke to journalists before his committee appearance.
Safe Countries of Origin: Maghreb Inclusion
The ensuing reform, now adopted by the cabinet, is aimed at accelerating asylum decisions for individuals from Maghreb states—particularly Algeria, Morocco, and Tunisia—and simplifying the removal of rejected asylum seekers. This classification doesn't pertain to extending the right to asylum for political refugees, a privilege enshrined in the Basic Law and rarely granted. Most asylum seekers receiving protection status in Germany fall under refugee protection or subsidiary protection for those facing serious harm in their homeland.
Green MP Filiz Polat expressed concerns about protection rights, stating, "Those who act in this way are shaking the foundations of our rule of law principle." The coalition agreement originally committed to reclassifying Algeria, India, Morocco, and Tunisia as safe countries of origin.
Say Goodbye to State-appointed Lawyers
Furthermore, the cabinet intends to remove a provision that requires individuals affected by deportation or exit detention to receive a lawyer appointed by the state. This provision was introduced under the traffic light government at the Greens' insistence and applies to asylum seekers subject to the Dublin procedure and transfer detention.
Less Family Reunification, No Naturalization after Three Years
According to current plans, the Bundestag will discuss limiting family reunification for those with subsidiary protection status in the first reading this Friday. Currently, this restriction applies to only 1,000 relatives per month for those without restricted protection status.
The elimination of naturalization for highly integrated foreigners after three years, as agreed in the coalition contract, was backed by the cabinet last week. The Union has consistently criticized this regulation, dubbed "turbo-naturalization," which was introduced by the traffic light coalition.
Borderline Rejections
Germany's borders are now witnessing asylum seekers being turned away on Dobrindt's orders. Despite a Berlin Administrative Court's pressing ruling, the federal government persists in maintaining this practice. The court found that the return of three Somalis at a border control in Frankfurt (Oder) train station on May 9 was unlawful due to the absence of clarity regarding the EU country responsible for their asylum application. The three were dispatched back to Poland. Dobrindt expressed confidence that federal police officers would not be held accountable for their border actions. "It's completely unfounded to suggest that police officers could be held accountable for adhering to orders they've been given," the CSU politician told the ARD talk show "Maischberger". He dismissed concerns that officers may find themselves in legally complex situations.
Green parliamentary manager Irene Mihalic found it noteworthy that Dobrindt denied putting officers in a difficult situation. "I'd like to remind you that police officers are bound by law and justice alone" she retorted. In the event that officers believe a service order is unlawful, they have the right to file an objection (remonstrate), although this has not, at least yet, been the case regarding the tightened border controls.
Dobrindt stated that the Somalis, who sought the court's assistance through Pro Asyl, had attempted entry without submitting an asylum application on May 2 and 3, only filing their application on the third attempt on May 9. However, Left-wing interior politician Clara Bünger maintains that the three migrants had communicated their intention to apply for asylum during the first two entry attempts. She explains, "I met the three of them myself. They gave me credible assurances that they clearly expressed their desire to apply for asylum."
Since Dobrindt's order on May 7, approximately 140 asylum seekers have been additionally turned away. Green interior spokesman Marcel Emmerich expressed his discontent following an interior committee meeting with Dobrindt, stating, "The numbers speak for themselves and reveal this border blockade charade for the expensive and unwarranted political spectacle it is: a detriment to the economy, commuters, federal police, and those seeking protection."
- In the midst of these policy-and-legislation changes, Green parliamentary manager Irene Mihalic voiced her concern about the government's border practices, stating, "I'd like to remind you that police officers are bound by law and justice alone."
- As a part of the policy-and-legislation shift, the government is considering eliminating the provision that requires individuals affected by deportation or exit detention to receive a lawyer appointed by the state, leading to debates in general-news regarding the impact on asylum seekers' rights.
