Unlawful Border Disputes: Switzerland Challenges Germany's Rejection of Asylum Seekers
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Prohibition of Rejecting Asylum Applicants in Switzerland is Unlawful - Unauthorized Denial of Asylum Seekers' Requests Prohibited in Switzerland
Switzerland has promptly voiced its disapproval towards Germany's more stringent border measures for migrants, deeming them as unlawful. Alexander Dobrindt, the newly-appointed Interior Minister (CSU), announced these new rules for Federal Police, which now allow for the rejection of asylum seekers at the border, barring vulnerable groups such as pregnant women and families with children.
The Swiss Justice Ministry quickly responded on the X platform, describing systemic border rejections as a breach of applicable law from their perspective. They are actively contemplating counteractive measures. Justice Minister Beat Jans has already proposed a high-level meeting to discuss potential consequences of Germany’s border policy modifications.
However, he has yet to shed light on Switzerland's proposed actions towards the rejected asylum seekers. In the union-SPD coalition agreement, cooperation with neighboring nations is required for all measures.
Germany stepped up border controls with Switzerland in 2023, resulting in around 10,000 rejected asylum seekers last year, as per a report by broadcaster SRF. A major concern for the Swiss lies in how stricter controls might inconvenience daily commuters who work in Switzerland.
Resistance from Poland was also observed against Germany's plan to expand border controls and reject asylum seekers, with Prime Minister Donald Tusk stating unequivocally, "Germany will admit whom it wishes. Poland will admit only whom it accepts" during a press conference with new Chancellor Friedrich Merz.
- Germany
- Asylum Seekers
- Rejection
- Border Control
- Switzerland
- Cross-border workers
- National Border
- Federal Government
- Alexander Dobrindt
- CSU
- Federal Police
- Poland
- Donald Tusk
Additional Information
The current situation has placed Switzerland in a challenging position regarding rejected asylum seekers due to Germany's new border control measures and rejections at the border. Switzerland is particularly concerned about the number of rejected asylum seekers and the impact on cross-border workers. In response, the Swiss Justice Ministry declared that systematic rejections of asylum seekers contradict legal norms and suggested possible countermeasures, including diplomatic discussions with neighboring countries.
Germany, under Chancellor Friedrich Merz and Interior Minister Alexander Dobrindt, has enforced stricter immigration controls, which allow Federal Police to turn away asylum seekers at the border, excluding vulnerable groups such as pregnant women and families with children. However, this policy has been criticized by Switzerland and Poland, with some expressing concerns that it violates relevant legal frameworks concerning asylum and border control.
In terms of Switzerland's internal asylum and return policies, there has been a revision to asylum and return policies for Afghan nationals during April 2025. The new policies state that healthy single Afghan men with family ties in Afghanistan may face deportation, but this applies only to a small subset and no ethnic profiling is officially conducted. However, reports and internal documents suggest a shift towards prioritizing the deportation of Pashtun asylum seekers, due to perceived lower risks upon return given their ethnic link to the Taliban. This ethnic-based proposal has been condemned by Afghan political leaders and human rights activists as collective punishment violating international refugee law. Switzerland has denied any formal ethnic profiling policy.
Asylum proceedings in Switzerland are handled through six asylum regions, each with a federal asylum center responsible for managing processing and accommodation. Rejected asylum seekers would likely be managed through these established facilities while their cases or rejections are processed. At this point, though, the exact measures Switzerland plans to take regarding the rejected asylum seekers are still being determined at the ministerial level.
- Switzerland is considering counteractive measures against what they view as systemic border rejections by Germany, which bring about concerns regarding asylum seekers and the impact on cross-border workers.
- Switzerland's Justice Minister, Beat Jans, has proposed a high-level meeting to discuss potential consequences of Germany’s border policy modifications, but details about Switzerland's proposed actions towards the rejected asylum seekers remain unclear.
- In the union-SPD coalition agreement, cooperation with neighboring nations is required for all measures, but the extent of Switzerland's intention to challenge Germany's employment and community policies is yet to be seen.
- Switzerland has recently revised its asylum and return policies for Afghan nationals, introducing a shift towards prioritizing the deportation of Pashtun asylum seekers, a move that has been condemned by Afghan political leaders and human rights activists as collective punishment violating international refugee law.The Swiss government continues to deny any formal ethnic profiling policy in this matter.
