Migration Experts: Denial of Admission is Prohibited
Critics heavily condemn proposals to instantly send back refugees at Germany's borders. The Migration Institute disagrees, stating, "The recent discussion on expelling asylum seekers directly at Germany's borders is a harmful type of populism in the migration policy debate." They further assert, "The current legal structure unambiguously indicates that expelling asylum seekers is unlawful."
The Institute is also opposed to the notion of declaring a national emergency under European treaties to authorize border expulsions. They argue, "All past attempts to circumvent EU law using this method have been dismissed by the European Court of Justice (ECJ)." Invoking an emergency, they contend, is a risky approach and purely strategic.
The Institute adds, "The implications of a policy that expels asylum seekers at Germany's borders are uncertain." From a migration research perspective, they argue, independent national actions within a coordinated European migration policy are counterproductive. They generate unexpected migration patterns and hinder the progression of European migration policy.
"Populist Discourse"
The Migration Institute also reproached the border checks ordered by Interior Minister Nancy Faeser on Monday. They asserted, "This action potentially jeopardizes the Schengen area, a vital achievement of European unification. It also seriously questions the enforcement of the anticipated reform of the Common European Asylum System by 2026."
The European asylum system and the individual right to asylum are currently under attack - this is a populist discourse, the Institute lamented. "What is required now is a fact-based debate on migration policy in Europe."
Faeser clarified on Monday, simultaneously implementing border controls, that the government had conceived a "blueprint for border-compliant and effective refugee repatriations" that exceeds the current scope. She did not delve into details initially.
Refugees end up in reception centers
The deportation of individuals without legal residence in Germany is the primary demand of the Union faction in negotiations with the federal government and the states regarding future migration policy. The next round of discussions is set for Tuesday afternoon.
So far, asylum seekers have been transported from the border to reception centers within the Federal Republic's territory. Subsequently, it is determined if another EU country holds responsibility for the asylum application according to the Dublin rules, and the individual can then be returned there.
The Migration Institute is a nationwide group of approximately 220 scholars from various fields who investigate questions of migration and integration. Their primary objective is to critically analyze political decisions and public discussions on migration, integration, and asylum.
The Migration Institute firmly believes that invoking a national emergency to authorize border expulsions, as proposed by some, is a risky approach and purely strategic, given the European Court of Justice's history of dismissing such attempts. Additionally, the Institute contends that independent national actions in the context of a coordinated European migration policy can generate unexpected migration patterns and hinder the progression of the European migration policy.
