The expansion of "safe countries" ignites controversy in the Bundestag
As part of tightening immigration policy, the German government seeks to expand the list of 'safe countries' and approve it in the future through a government decree, without referring to parliament. This move has sparked severe criticism from opposition parties.
German Interior Minister Alexander Dobrindt (CSU) presented two new proposals in the Bundestag before the start of the summer parliamentary recess as part of his plan for a "transformation in immigration policy." One of these amendments involves the abolition of the right to a state-funded lawyer for individuals threatened with deportation or detention in preparation for deportation. This right was only introduced last year under the deportation improvement law passed by the previous "Amtsblatt" government.
Dobrindt described the presence of mandatory lawyers as having turned the law into a 'deportation prevention law', pointing out that the removal of this right comes based on a recommendation from the Conference of Ministers of Justice, as confirmed by MP Sebastian Fiedler from the Social Democratic Party (SPD). The Bundestag also discussed for the first time the possibility of classifying countries as safe through a government decree only, without the need for approval from the Federal Council (Bundesrat). This is possible by excluding cases where asylum requests are recognized for political reasons. MP Helge Limburg from the Green Party criticized this approach, stating that 'countries do not become safe just because the government wants them to.'
According to German asylum law, countries are considered "safe" if individuals are unlikely to face persecution there due to race, religion, nationality, political opinion, or social affiliation. In the coalition agreement between CDU, CSU, and SPD, it was agreed to start classifying Algeria, India, Morocco, and Tunisia as safe countries. Previous attempts in this direction failed due to the refusal of some states governed by the Green Party or the Left Party (Die Linke) in the Federal Council.
Asylum applications from citizens of countries classified as safe are usually rejected by the Federal Office for Migration and Refugees (Bamf) as unfounded, but this does not prevent the consideration of some individual cases. Nevertheless, the deportation of rejected applicants becomes faster and easier. Currently, the list of safe countries in Germany includes all EU countries, as well as Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal, Serbia, Georgia, and Moldova. The aim of this classification is to reduce irregular migration from these countries. MP Helge Limburg accused Dobrindt of trying to "bypass" the parliament and the Federal Council, describing it as "unprecedented and completely unacceptable." He added that his party's faction would do everything in its power to prevent the restriction of refugees' rights through ministerial decisions.
The Left Party accused the government of attempting to circumvent Article 16a of the German Constitution, which stipulates the necessity of approval from the Federal Council. The party believes the aim is to create "second-class asylum procedures." For his part, MP Sebastian Fiedler from the Social Democratic Party rejected these criticisms, affirming that "the level of protection will remain in place," and that "individual case assessments will continue," noting that the procedures will only become faster. As for the AfD party, it expressed its initial support for the plan, despite describing it as "hesitant," pointing out that the matter is legally unresolved and may face legal challenges. The draft law has currently been referred to the relevant committees for further discussion.