Ten facts about the strict asylum policy at the German borders
1. What exactly did Interior Minister Dobrinth order? The new Interior Minister Alexander Dobrinth from the conservative CSU party ordered to tighten control over Germany's external borders. This includes returning asylum seekers at the border if they do not have valid entry documents or if they have already applied for asylum in another EU country. Dobrinth stated that the federal police now have the option to return individuals, but they are not obligated to do so, meaning they can decide on a case-by-case basis.
2. What are the exceptions to the return processes? The following are exempt from potential return processes: pregnant women, patients, unaccompanied minors, and individuals from other vulnerable groups.
3. What is Dobrindt's justification for the measures? The measures are part of key electoral promises made by Chancellor Friedrich Merz, who promised to return migrants from the first day of his government. Chancellor's Office Minister Torsten Frei said on ARD that immigration must be reduced to an "acceptable level." Many cities and municipalities have been complaining for years about pressure on schools, rising housing costs, and an overloaded healthcare system.
4. What is the legal rule? Returns are a subject of legal debate. Article 18 of the German Asylum Act states that "entry of a foreigner must be refused if they entered from a safe third country," which applies to all borders of Germany. However, European laws stipulate the need to determine the responsible state for the asylum application, which is usually the first country the migrant enters in the European Union. Nevertheless, many actually arrive in Germany and stay there due to complex procedures. There is an alternative option using Article 72 of the Treaty on European Union, which allows for a temporary bypass of European laws in emergencies to protect public order and internal security. However, the conditions are difficult, and the German government has not declared a state of emergency yet. Chancellor Merz said in Brussels: "No one in the German government, nor I personally, has declared a state of emergency."
5. What are the political reactions? As usual, some see that the deportations and border controls are exaggerated, while others see them as insufficient. Katarina Droege, the leader of the parliamentary group of the Greens, said in "Rheinische Post" that the deportations "are clearly contrary to European law." She stated that anyone seeking asylum on German territory has the right to have their application examined. The leader of the parliamentary group of the Left Party, Sören Pellmann, strongly criticized at the party conference: "Those who follow right-wing policies out of fear of the right will definitely lose." The Social Democratic Party, which is part of the government, demands coordination with neighboring countries, which are not enthusiastic about the decision. The far-right AfD party calls for more isolation. Party leader Alice Weidel said that Merz promised to change immigration policy with clear measures against "illegal mass immigration," but he disappointed voters and surrendered to the SPD.
6. What were the reactions from abroad? Neighboring countries like Poland and Switzerland expressed concern that they might have to accommodate large numbers of migrants who were denied entry to Germany. However, Chancellor Merz confirmed that the decision was made in coordination with European countries, stating from Brussels: "There is no unilateral German action. We are coordinated with our European neighbors." The German government also sees this monitoring as a means to encourage the European Union to take similar steps. Minister Frey said on ARD that the government wants to achieve quick results, later transitioning to other solutions that are "as European as possible" in immigration policy.
7. What’s next? The European Union, which was previously more open to immigration, is moving towards further isolation, especially in light of the rise of anti-immigration parties and governments. The EU has approved a new, stricter asylum law, but it has not yet been implemented. The European reform plan includes that applications for asylum with low chances of success are to be decided directly at the EU borders. Minister Frey criticized that the European reform came too late and is insufficient, and therefore 16 European governments have called on the European Commission for additional amendments to the laws.
8. The head of the Chancellery, Torsten Frey, criticized the slow implementation of European reform, considering it insufficient. Sixteen European governments have called on the European Commission to reconsider the current rules.
In 2015, Chancellor Angela Merkel and her Interior Minister Thomas de Maizière decided not to reject any asylum seeker at the border during the Syrian refugee crisis. The decision received widespread praise and criticism at the time. Now, Dobrindt has revoked this old directive and ordered the federal police to return to the principle of rejection at the border.
10. After the new procedure was implemented, the federal police recorded 365 cases of illegal entry in just two days, and 286 people were deported, including 19 who applied for asylum. The main reasons for deportation were the absence of valid visas, forged documents, or an entry ban. Four people were allowed entry because they were considered "vulnerable." Additionally, 14 temporary traffickers were arrested, 48 arrest warrants were executed, and 9 individuals suspected of belonging to extremist circles were apprehended.