- Criticism is mounting towards the letter issued by the authorities regarding deportations
A Misconstrued Directive from the Lower Saxony Immigration Authority and the Federal Police at Düsseldorf Airport's Procedures for "Deportations"
The Lower Saxony immigration authority in Brunswick has clarified to the German Press Agency that an internal letter, which caused a stir, was not meant to be understood in the way it was published in the "Bild" newspaper on July 26th. The letter stated that if a person refuses to board the plane or resists deportation in any other manner, they can be released and return to their assigned accommodation independently.
The spokesperson for the immigration authority stated that the letter was "unfortunately formulated in a very misleading and imprecise manner" and will not be used in the future. The spokesperson also made it clear that the letter was not a directive to release persons who resist their deportation, nor is the authority authorized to issue such a directive.
Misunderstood Directive and Clear Legal Situation
According to the immigration authority, the letter was based on a clear, nationwide valid legal situation. Persons who live freely in Germany may only be taken into custody upon failure of their deportation if there is a judicial order. In other circumstances, they must be released and instructed to report independently to their responsible immigration authority.
The decision to take a person into custody in the case of resistance depends on the severity of the resistance, as stated by the spokesperson. In the case of serious violent acts of resistance, the perpetrators will be taken into custody, and after a corresponding judicial decision, may also be detained.
Police Union Criticizes the Directive
Furthermore, the spokesperson clarified that a failed deportation does not mean that the person concerned may remain permanently in Germany. The person is still subject to deportation and the deportation will be initiated again, taking into account the behavior of the person to be deported that led to the failure of the first deportation attempt.
The deputy federal chairman of the German Police Union (DPolG) Federal Police, Manuel Ostermann, criticized the directive in the "Bild" report, stating that our rule of law is turned on its head if migrants can evade deportation through passive or active resistance.
The German Press Agency reported about the clarification made by the Lower Saxony immigration authority, stating that the internal letter, misinterpreted in the "Bild" newspaper, was not meant to encourage releasing individuals resisting deportation. Regardless, the spokesperson for the authority confirmed to The German Press Agency that they are not authorized to issue such a directive.
