Denials at the borders' checkpoints - SPD head honcho stands firm against perceived migration ultimatum
Within the SPD, the Union's proposition for "rejections" at the borders as a prerequisite for dialogues with the traffic light coalition is facing criticism. "We've already set a security package in motion within the traffic light coalition, and now there are demands from the Union. We're examining if they align," commented party leader Lars Klingbeil on RTL's "Morning Start." "However, we should not externalize these negotiations with any demands or ultimatums."
CDU leader Friedrich Merz stated after the meeting on migration and internal security that the CDU and CSU-led countries would only partake in further talks if people were turned away at the German borders. "If the federal government fails to do this, we are unavailable for the continuation of these discussions." Merz didn't participate in the private consultations. Representatives from the traffic light coalition, the countries, and the Union participated.
Green politician Irene Mihalic commented to Funke media group newspapers, "Rejecting asylum seekers at the border is not lawful under European law, as the Dublin Regulation applies here, and the competent member state must be identified during the asylum procedure. This is often difficult and impractical to implement at the border."
The CDU/CSU's parliamentary business manager, Thorsten Frei, argued that deporting people directly at the border was compatible with the law. He referred to Article 72 of the Treaty on the Functioning of the European Union, which ensures EU member states' competence for maintaining public order and internal security.
Mihalic countered that invoking this article was "far-fetched." "The national state of emergency has very limited scope according to EU Court of Justice case law and has never been legally verified." Legally feasible, in her opinion, would only be altering European laws such as the Dublin Regulation.
According to the Dublin rules, the country where a migrant arrives in Europe is typically responsible for the asylum procedure. "Even if EU regulations are unsatisfactory, they are always better for Germany than solo national efforts," said Mihalic.
The municipalities, thus, are advocating for a role in cross-party talks. "Because municipalities are integration centers," affirmed André Berghegger, the main business manager of the cities and communities association, on German radio. Here, many people are housed, cared for, and integrated.
The influx must decline, the municipalities are at capacity limits, emphasized Berghegger. Accommodations are full, staff is limited, and the integration of volunteers is exhausted. Enhancements are needed, including improvements in deportations.
Markus Lewe, president of the German city association, agreed that the federal government and countries should specifically improve protection against terror and violence in Germany. "Refugees should be deported if they've committed a crime with weapons. Dublin procedures must also become faster and simpler."
The German Association of Counties called for a shift in migration policy in a position paper. The intake and integration capacity of municipalities are exhausted, it claimed. Therefore, a strict constraint on irregular migration is "urgently required." The association welcomed the security package presented by the federal government at the end of August - although it lacked a comprehensive concept for a fundamentally different migration policy. In this concept, the county association suggested, among other things, abolishing the subsidiary protection status for refugees, increasing the number of deportations - also to Syria and Afghanistan - and maintaining border controls.
Left-wing politician Sahra Wagenknecht concluded with devastating remarks, "That was apparently not a migration summit, but a summit of work refusers." She called for the county association's proposals to be adopted. "After this summit, it seems clear: The numbers will not significantly decrease and the situation will continue to escalate until the federal election," said Wagenknecht.
FDP politician Joachim Stamp demanded the elimination of social benefits for all those subject to deportation. "Those immediately subject to deportation should only receive a ticket for the return flight and a modest start-up aid of a few hundred euros upon arrival in the destination country," the former NRW integration minister told the German Press Agency. Stamp, who serves as the federal government's special envoy for migration agreements, stated that he was expressing his opinion independently of his office.
The EU, as a collective entity, may have different views on border control and asylum seeker reception, which could potentially clash with the current proposals within German political parties.
The EU's Dublin Regulation stipulates that the responsible member state for an asylum seeker's procedure is typically the one where they first arrive in Europe, and altering this regulation could be a legally viable solution to address capacity limits in German municipalities.