The proposal by Federal Interior Minister Nancy Faeser (SPD) for detention to be extended to up to four weeks is met with rejection in the ranks of the Greens. “Foreclosure and deterrence have nothing to do with the actual challenges in receiving, caring for and integrating those seeking protection,” said Filiz Polat, a member of the German Bundestag in Berlin. From the FDP and SPD, however, there was encouragement.
Detention should be rejected in principle due to the massive interference with the constitutionally guaranteed right to freedom, explained Polat, who called for alternatives. “It’s time for the Federal Ministry of the Interior to end the long-term election campaign for Hesse and stick to the agreed work program again.” Faeser is the top candidate of the Hessian SPD in the state election campaign. Polat called for an “integration offensive” and warned against cuts in the corresponding funds.
Authorities should have more time
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. The new regulation is part of a discussion draft that the ministry has drawn up after discussions with the federal states and local authorities. These are now to be discussed further on the subject before the ministry presents draft legislation. Among other things, Faeser proposes that objections and legal action against entry and residence bans no longer have a suspensive effect.
Deportation custody is intended to prevent someone from evading a deportation that is imminent in the near future. There is also detention pending deportation, which can, however, last for months. “Under narrow constitutional conditions” the officials should also be allowed to enter other premises in the event of deportation. This is to ensure that those affected are actually found in community accommodation, it was said in justification.
Mixed reactions
Faeser’s paper received a mixed response from counties and municipalities. “The implementation of the measures would be a first step, but it is not enough on its own,” said the general manager of the German Association of Towns and Municipalities, Gerd Landsberg, to the newspapers of the Funke media group. “In addition to the welcome changes in the law, which allow longer detention pending deportation, there is also an urgent need to speed up the court proceedings on questions relating to residence law,” Landsberg demanded. These decisions must be made quickly so that a deportation can also be carried out.
In the Funke newspapers, the President of the German District Association, Reinhard Sager, welcomed, among other things, the extended period of detention with a view to experiences with the provision of transport options and the availability of police forces. However, an extension of the list of safe countries of origin is also urgently needed. These are countries where it is generally assumed that there is no political persecution or inhuman or degrading punishment or treatment. This should enable faster asylum decisions and deportations.
For the deputy chairwoman of the Union faction in the Bundestag, Andrea Lindholz (CSU), Faeser’s initiative comes too late and is not enough. She recalled that the main content had already been agreed in May at the refugee summit in the Chancellery. “The fact that the minister in the tense situation after three months does not even present a finished government draft borders on a refusal to work,” she told the German Press Agency in Berlin.
CDU General Secretary Carsten Linnemann called on the federal government to act on the “Welt” channel. “That’s why I’m just in favor of action; after months of talk, action should be taken now.”
The deputy federal chairman of the German police union (DPolG) and chairman of the DPolG federal police union, Heiko Teggatz, assessed the paper as “deceptive packaging” and demanded: “The federal police finally need the power to be able to turn people away at the internal borders. This would give those whose prospects of staying runs towards zero, not even in lengthy procedures.” There is a lack of places for deportation custody and detention.
Approval from the FDP
The FDP in the Bundestag, on the other hand, welcomed the proposal to give the immigration authorities more time to deport rejected asylum seekers. The planned simplifications in the procedures are an important signal, said Parliamentary Managing Director Stephan Thomae of the dpa. Far too many deportations still failed. “That has to change as soon as possible.” SPD parliamentary group leader Dirk Wiese explained that his party colleague’s proposals relieved the immigration authorities.
According to the federal government, almost 13,000 people who were required to leave Germany were deported in 2022. According to the central register of foreigners, a good 304,000 people were required to leave the country at the end of 2022, around 248,000 of them with a toleration. In addition to rejected asylum seekers, tourists, employees and foreign students can also be required to leave the country if their visa or residence permit has expired.
Tolerated people are people who are obliged to leave the country but cannot be deported for certain reasons. This may be because they do not have any identification documents, are ill or have a minor child who has a residence permit.
