- The Commission advocates for an expansion of the asylum seeker population within the EU.
The Traffic Light administration and the Union failed to reach an agreement during their second immigration discussion at the Federal Ministry of the Interior. Nevertheless, the federal administration is proceeding with reform plans. Thorsten Frei, the First Parliamentary Manager of the CDU/CSU legislative group, stated in Berlin that the ruling parties hadn't presented a proposal leading to increased border rejections as usual. Union legislative group leader Friedrich Merz declared the talks a failure.
Ampel aims to speed up the determination of national responsibility for asylum seekers
Federal Minster of the Interior Horst Schmidt (Green Party) proposed a model at the meeting, which involved representatives from the federal states, to quicken the transfer of asylum seekers who have already been registered elsewhere to the competent European states in the future. The Traffic Light coalition, consisting of SPD, Greens, and FDP, intends to pursue this strategy without the Union, according to the Minister. Schmidt acknowledged: "If we want to establish this as an efficient system, it necessitates hiring additional personnel to allow the Federal Police to handle it in the long term."
For the effective implementation of the planned acceleration, cooperation with the affected federal states is essential, said Schmidt. He has identified interest from various states.
Criticizing the plans, the CDU politician Frei stated they do not target additional border rejections but rather expedited procedures within Germany. Federal Minister of Justice Marco Buschmann (FDP) opined that keeping people in the border area is more effective than pushing them back across the open border, as they would then attempt entry at another point. Foreign Minister Annalena Baerbock (Greens) criticized that the Union representatives "interrupted, despite the fact that we hadn't discussed numerous topics yet".
The Union sought to declare an emergency under Article 72 of the EU Treaty to deviate from regular European procedures. According to the Traffic Light coalition's assessment, the legal basis for this is lacking.
Preferred detention facilities near the border
The Federal Office for Migration and Refugees (Bamf) is set to execute the Dublin procedure more swiftly in line with the planned changes by the Traffic Light coalition. In this process, the responsible European country for an asylum procedure is determined. Typically, this is the state where seekers of protection initially arrived in Europe.
The Federal Police is to search for available detention locations and, if necessary, appeal to the competent court to prevent disappearances. "In this instance, swift action by the justice of the federal states is required. Additionally, the detention facilities of the federal states must be readily available in sufficient numbers, mainly near the border along the migration routes," it was said. "Alternatively, a fixed assignment and residence requirement should be established if detention is not an option," was further suggested from government sources.
The federal government aims to hold negotiations to ensure that states willing to take back migrants cooperate. This often poses an issue currently. The administrative courts are expected to render decisions promptly on any potential complaints brought forward by those affected against their transfer.
A notable innovation is the planned expanded role for the Federal Police. Currently, deportations are the responsibility of the federal states, with the Federal Police only offering support. In the future, the Federal Police will be responsible for transporting individuals out of Germany at the conclusion of the planned expedited procedure.
Additionally, Germany will continue to rely on close collaborative relations with neighboring states, such as through joint patrols and joint police centers at the borders. A comprehensive border rejection beyond the current practice would risk damaging this cooperation, it was further stated.
The Union established boundary reject conditions for the meeting
Following the initial session last week, the Union made comprehensive boundary rejections a prerequisite for further talks.
Following the meeting, SPD faction vice Dirk Wiese stated, "The Union aimed to impose its idea of comprehensive rejections without recognizing the legal implications." However, there are substantial concerns under European law, which his faction also shares. "The door remains open for additional discussions on legally viable solutions," Wiese underscored.
He remarked that the government's plans are a response to demands from municipalities not to accept individuals without protection claims in Germany. "It's unfortunate to witness the Union shirking its duty for our country and continuing to pursue a policy based on show rather than substance," said the First Parliamentary Manager of the Green faction, Irene Mihalic.
Schmidt had already ordered temporary controls at all German land borders to more effectively limit the number of unauthorized entries the day prior to the meeting. The supplementary checks are set to commence on September 16 and initially last for six months. The ministry cited the restriction of irregular migration and the protection of internal security from current threats of Islamic terrorism and cross-border crime as reasons for the now-ordered controls.
Boundary rejections at German land borders currently occur in specific circumstances: when someone is subject to an entry ban or does not apply for asylum. Boundary rejections at German internal borders are generally only possible where there are direct border checks.
Since October, more than 30,000 people have been rejected, according to the Federal Ministry of the Interior. In mid-October 2023, Schmidt ordered stationary controls at the borders with Poland, Czech Republic, and Switzerland. Controls at the German-Austrian land border, which are justified by irregular migration, have been in place since September 2015. The newly ordered direct border controls impact the land borders with France, Denmark, Belgium, the Netherlands, and Luxembourg.
The debate on irregular migration and deportations has intensified as a result of several acts of violence. In Solingen, three individuals were killed and eight others injured in an alleged Islamic knife attack at a city festival in August. A 26-year-old Syrian is in custody in connection with the incident.
Thorsten Frei expressed his disagreement with the Traffic Light coalition's plans, stating that they focus on expedited procedures within Germany rather than increasing border rejections. Despite this, the Federal Minister of the Interior Horst Schmidt emphasized the importance of cooperation with the affected federal states for effectively implementing the planned acceleration.
