Doubling Down on Borders: Germany's Persistent Migration Policy
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In the face of controversy and legal challenges, the German government stands firm on its hardline migration policy. Alexander Dobrindt, Federal Interior Minister, responds to criticism with a dismissive attitude. He deems it ludicrous to hold police officers accountable for enforcing their duties, which he argues are defined by politics.
Police actionability is at the center of discussion. The Federal Police Union's chairman, Andreas Roßkopf, has voiced concerns about the potential of general unlawfulness being established, emphasizing the need for lawful conduct by officers. Yet, he assures that individuals should not bear personal responsibility if unlawfulness is confirmed.
Upon taking office, Dobrindt swiftly enacted stricter border controls and enabled the expulsion of asylum seekers at the borders. However, the Administrative Court of Berlin recently ruled that the expulsion of three Somalis at a border control in Frankfurt (Oder) was unlawful, due to the lack of clarification regarding the EU country responsible for their asylum applications. The affected individuals were sent back to Poland.
No Panic, but a Protracted Process
Chancellor's Office Minister Thorsten Frei acknowledges the court ruling but asserts it does not hold nationwide implications. He explains that an administrative court cannot make a politically binding decision for the entire country. Yet, Frei understands the decision's significance in the specific case and expects it to be followed.
The intricacies of the case are expected to be resolved by the European Court of Justice (ECJ), as the general topic encompasses complex legal matters. Frei also highlights an "overload situation" due to excessive migration, causing strain in sectors like childcare, schools, and healthcare.
The CSU's Perspective
While some politicians advocate for closer cooperation with neighboring European countries to ensure adherence to laws regarding migrant responsibilities, CSU party leader Markus Söder perceives a threat to public order caused by noncompliance by neighboring countries.
The Administrative Court argued that the government could not invoke a "national emergency" because there was "insufficient evidence of a danger to public safety or order."
A Changing Migration Landscape
The current German migration policy undergoes refinement, with stricter border controls and asylum rejection at the border playing key roles. Additional changes include stricter family reunification restrictions for those with subsidiary protection, lengthened paths to citizenship, and increased deportations of foreign nationals convicted of serious crimes.
The policy's expected outcomes include a decrease in asylum applications and an increased burden on migrants, particularly those seeking family reunification. Furthermore, a new draft aimed at classifying additional non-EU countries as safe countries of origin is underway, which might affect asylum applications. Amidst these changes, the recent Administrative Court of Berlin's ruling could potentially challenge the implementation of the policies.
[1] Source: Der Spiegel, "Dobrindt plädiert für Grenzkontrollen mit Nachbarn." (Dobrindt advocates for border controls with neighbors.)[2] Source: Deutsche Welle, "How German immigration policies have changed since 2015."[3] Source: Süddeutsche Zeitung, "Merkel lehnt Aussiedlung einen Großteil der Flüchtlinge ab." (Merkel rejects deportation of a large portion of refugees.)[4] Source: Tagesspiegel, "Neues Land verdichtet die Migrationsproblematik." (New country exacerbates migration issues.)[5] Source: The Local, "German government moves to make it harder for refugees to bring families to Germany."
- The German government's hardline migration policy, influenced by politics and policy-and-legislation, has led to stricter border controls and increased expulsion of asylum seekers at the borders.
- The European Court of Justice (ECJ) is expected to address the complex legal matters surrounding the unlawful expulsion of three Somalis at a border control in Frankfurt (Oder), as the case involves war-and-conflicts and general-news due to its implications for the entire immigration policy.
- CSU party leader Markus Söder, in the midst of a changing migration landscape, perceives potential threats to public order from noncompliance by neighboring countries,, highlighting a point of contention in the politics of migration and policy-and-legislation.
