The Federal Ministry of the Interior has made a proposal as to how members of criminal clans or other organized crime groups could be deported more easily in future. A comparable regulation already exists for members of terrorist groups.
However, the spokesman for the Federal Ministry of the Interior, Maximilian Kall, emphasized on Monday in Berlin that there is still no concrete draft law. Rather, the proposal is part of a “discussion paper” for which there is an “ongoing coordination process with the federal states and local authorities”.
According to the spokesman, should the proposal be implemented, a conviction for membership in a criminal organization would no longer be necessary for easier deportation. Rather, it would be the case “that deportation should be possible if facts justify the conclusion that someone was or is part of a criminal organization”.
Referring to criminal clans, he said that any family member who would be deported under the new rule would have to be linked to criminal activities. He emphasized: “A family connection is not a criminal activity”. The “Süddeutsche Zeitung” first reported on the proposal.
What about proportionality?
A spokeswoman for the Federal Ministry of the Interior said on request that the proposed regulation corresponds to the wishes of some federal states and municipal umbrella organizations. She said: “Whether such a regulation is proportionate and whether the regulatory objective can be achieved without unwanted side effects should now be discussed in detail with the federal states and municipal umbrella organizations.”
At meetings between Federal Interior Minister Nancy Faeser (SPD) and representatives of the federal states and local authorities in the spring, there were calls for more support from the federal government in preparing for deportations, in addition to agreements for better data exchange on refugees and asylum seekers. The federal states are responsible for the deportation of foreigners who are enforceably obliged to leave the country.
But the federal government is already providing support, for example by having the federal police accompany deportations. In the joint counter-terrorism center of the federal and state governments, information is exchanged in order to promote the deportation of so-called dangerous people. These are people whom the police believe are capable of serious acts of violence, including terrorist attacks.
After the talks, Faeser was open to changes in the law that would lead to better enforcement of the obligation to leave the country. In this context, there is another proposal from your ministry, which had provided material for discussion in the past few days. It is about a possible extension of the exit custody. Detention pending exit is currently possible for up to ten days, but Faeser proposes an extension to up to 28 days. This should give the authorities more time to prepare for a deportation.
