Interior Ministry wants to tighten rules for deportations

Status: 08/02/2023 5:25 p.m

According to plans by the Ministry of the Interior, the rules for deportations are to be tightened – those affected should be allowed to be detained for longer. In the spring, the federal states had demanded measures from Chancellor Scholz.

Federal Interior Minister Nancy Faeser wants to tighten the rules for deportations and thus deport rejected asylum seekers more quickly. A corresponding discussion draft was published in Berlin. It is now to be discussed with the municipalities and federal states before the actual legislative process begins.

Among other things, the SPD-led ministry plans to extend the maximum duration of so-called exit custody from ten to 28 days. This should give the authorities more time to prepare for the deportation of the person concerned. According to the Asylum & Migration information network, detention can be carried out in airport transit areas, for example. The prerequisite is that the person concerned has exceeded his departure deadline and has continued to violate his duty to cooperate.

More powers for the police

The police should also be given more powers when it comes to deportations. For example, officials looking for a foreigner to be deported should also be allowed to enter rooms other than those of the person they are looking for, for example in communal accommodation. According to the paper, further tightening is planned for lawsuits against entry and residence bans, which should no longer have a suspensive effect.

immigration authorities should be relieved

In order to relieve the immigration authorities, the residence permits for refugees with so-called subsidiary protection are to be extended to three years. This would put them on an equal footing with refugees with recognition of protection under the Geneva Refugee Convention. Subsidiary protection includes people whose lives are in serious danger in their home country, for example due to torture, the death penalty or a civil war.

A second draft for discussion is about improved data exchange between immigration and social authorities. In the future, the central register for foreigners will also record whether those affected receive subsistence benefits, which authority is responsible for granting them and over what period of time the benefits are granted. In this way, manual queries by various authorities are to be eliminated in order to relieve them.

Countries had demanded measures from Scholz

With the discussion drafts, the Ministry of the Interior is implementing the demands of the federal states, which they formulated in a joint conference of prime ministers with Chancellor Olaf Scholz. According to the information, all measures required at that time should be included in the papers.

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