Table of Contents
- Temporary Stop to Accept Refugees from Syria and Afghanistan
- Indefinite Detention for Deportation
- Deportations to Syria and Afghanistan
- Strictest Border Controls
- Currently, various strategies are under consideration and it's worth weighing in on their potential impacts.
The devastating event in Solingen has left a lasting impact. Three fatalities, eight injuries, and numerous unanswered questions. One of the main inquiries: What will be the aftermath of the fatal stabbing incident? Particularly, the Union is urging the federal government to enforce dramatic measures in asylum policies.
On Saturday night, a 26-year-old Syrian surrendered to authorities and admitted to the crime. Whether the suspect had acted as a representative of the so-called Islamic State (IS), as they assert, is still under investigation. Reports indicate that the man was to be deported to Bulgaria in 2022 due to his asylum application rejection. To access detailed information on the incident and the suspect, click here.
"Enough already!", decries CDU leader Friedrich Merz, and now demands a series of consequences. Which proposals are being considered now:
Temporary Stop to Accept Refugees from Syria and Afghanistan
"The weapons are not the issue, but the individuals that carry them," Merz concludes from the attack in Solingen. In the majority of cases, these are refugees, particularly those with an Islamist motive, he explains in his weekly newsletter "#MerzMail". To prevent future "attacks," the CDU leader considers a form of temporary refugee intake halt for refugees from Syria and Afghanistan: The acceptance of additional refugees from these countries should cease, demands the opposition leader.
The federal government considers a comprehensive intake halt to be unconstitutional. "This would violate the Basic Law and likely also breach EU human rights regulations," said government spokesman Steffen Hebestreit.
The individual right to asylum is constitutionally protected (Article 16a), so legislation changes would encounter significant barriers and would necessitate a two-thirds majority in the Bundestag and Bundesrat. Government spokesman Hebestreit has effectively dismissed this possibility: "I do not see any efforts by those who support the government to change this Basic Law article." Translated: The traffic light coalition is not inclined to agree.
According to Sebastian Hartmann, interior spokesman for the SPD faction, legislation amendments are unnecessary - rather, "strict enforcement of current laws" is required. The involved local authorities in North Rhine-Westphalia are also involved, said Hartmann to stern: "Why was the existing residency law not implemented? Why was the radicalized extremist and later perpetrator not identified by the state police?".
The SPD politician refers to the unsuccessful deportation of the suspect to Bulgaria, which was scheduled for June 2023. Because the authorities could not locate the 26-year-old Syrian in his refugee accommodation in Paderborn, the six-month transfer period under EU law had expired. The result, in short: Germany assumed responsibility for the case, and the suspect was subsequently granted restricted protection status.
North Rhine-Westphalia's Minister President Hendrik Wüst announced a comprehensive examination. "If there has been a failure at any level, within local, state or federal authorities, then the truth must be uncovered," he said.
Indefinite Detention for Deportation
Another demand from CDU leader Merz: "We will detain every deportable criminal indefinitely for deportation." What does this mean – and what is the intended outcome?
First, it is essential to differentiate between detention for deportation and detention for expulsion. Detention for expulsion may last a maximum of 28 days if there is a risk of escape. Only at the start of the year did the traffic light coalition extend the possible duration to 28 days. The purpose: To provide authorities more time to prepare deportations and prevent the person to be deported from hiding.
On the other hand, detention for deportation (Section 62 of the Residence Act) may be ordered in the form of so-called security detention for up to six months and subsequently extended by a maximum of twelve months. However, only if the reasons for the person's inability to be deported lie with the individual and not the authorities.
So it is already possible to detain those subject to deportation under certain conditions for up to 18 months in security detention. At the same time, there is much criticism from refugee organizations like ProAsyl about the detention conditions in deportation prisons.
Therefore, an expansion would likely prove challenging in various respects and would not effectively change the fact that the number of deportations conducted, despite an approximately 30% increase this year, remains relatively low.
And as previously mentioned, in the case of the suspected attacker in Solingen, the deportation apparently failed because he was not found at his refugee shelter in Paderborn in June 2022. It must now be clarified why no new attempt was made after he reemerged.
Although the transfer deadline expires after six months, it can be extended to 18 months if the individual has gone underground. According to information from "Der Spiegel," the deportation did not occur because the suspect was deemed inconspicuous and there were not enough detention spaces for deportation. An extended detention for deportation would likely not resolve this issue.
The situation has once again brought the project to the forefront, following the recent assault. However, the primary suspect, a Syrian individual, seemingly does not fit the profile: According to European asylum law, he should have been handed over to Bulgaria. His criminal activities seem to have started in Germany. Despite this, the Chancellor reinforced his stance on consistent deportations during a visit to Solingen.
Nonetheless, the challenging circumstances surrounding Syria and Afghanistan persist. The returns to Afghanistan have ceased since August 2021, following the Taliban takeover. Syria, where Assad has been continuously warring against its citizens since 2011, also continues to see no deportations. The Foreign Office mentioned the absence of diplomatic relations and ongoing conflicts in Syria as reasons.
Federal Minister of the Interior, Nancy Faeser (SPD), remains committed to negotiating repatriation agreements with these countries. She believes that viable solutions can be found, according to her ministry's spokesperson. Talks are underway with various nations, with the aim of facilitating the return of dangerous individuals and criminals to Afghanistan and Syria.
Significant progress is not imminent. Additionally, Faeser had previously hinted at confidential talks with other nations to enable the repatriation of Syrians and Afghans via neighboring countries. These negotiations seem to be proving difficult.
Calls for Tighter Border Controls
It has been suggested frequently that stricter border controls could help curb irregular migration. In the wake of the Solingen incident, Alexander Throm, the interior policy spokesman for the Union faction, reinforced this demand. He advocates for the reinstatement of checks at all German border points.
Border controls have been expanded by Interior Minister Faeser at German border points in recent months. Although these were abolished within the EU, exceptions can be made in instances where public order is seriously jeopardized.
Following the refugee crisis of 2015, temporary stationary controls have been in place at the German-Austrian border, which have been extended numerous times since then. Last October, Faeser introduced such controls at the borders with Poland, the Czech Republic, and Switzerland due to a significant increase in refugee numbers.
According to Faeser's assessment in April: "Since our border controls were introduced in October, we have apprehended 708 smugglers and prevented 17,600 illegal entries." During the European Football Championship, calls for these measures to continue beyond the sports event were made, not just by the opposition but also by politicians from the traffic light parties.
However, implementing controls at all German state borders temporarily is not straightforward. Faeser referred to a "significant effort" during the EM. Similar considerations apply to Söder's proposal for a permanent border police force in addition to the federal police, as in Bavaria.
In theory, this could be challenging: For each new six-month extension, the federal government must prove a serious threat as justification. In practice, however, the EU Commission may look the other way for political reasons, as law professor Walther Michl of the University of the Armed Forces in Munich explained to "Der Spiegel". "As a new threat, they accept it if drug smuggling, human trafficking, and even global political issues like the situation in the Near East are simply exchanged."
Therefore, introducing controls at all German state borders temporarily would be labor-intensive.
The European Council might be involved in discussions regarding the controversial proposal by CDU leader Friedrich Merz, who demands a temporary halt to accepting refugees from Syria and Afghanistan, as this could potentially violate EU human rights regulations.
Germany's federal government is currently considering a comprehensive halt to accepting refugees from Syria and Afghanistan, a decision that the European Council might have input on due to potential EU human rights implications.
