migration
custody pending deportation? Criticism and praise of Faeser’s proposal
Interior Minister Nancy Faeser wants to give the immigration authorities more time to deport rejected asylum seekers. photo
© Bernd von Jutrczenka/dpa
Federal Minister of the Interior Faeser brings tightening in the case of deportations into play. The proposals met with a mixed response.
The proposal by the Federal Minister of the Interior Nancy Faeser (SPD) for extending custody to up to four weeks has also met with criticism within the SPD.
The extension of detention and the expansion of police powers are “more than difficult from a social democratic point of view,” said the federal chairman of the working group on migration and diversity in the SPD, Aziz Bozkurt, the “Stuttgarter Zeitung” and the “Stuttgarter Nachrichten”. North Rhine-Westphalia’s Prime Minister Hendrik Wüst (CDU) and Bavaria’s Interior Minister Joachim Herrmann (CSU), on the other hand, called for more effort from the federal government for faster deportations.
Bozkurt told the newspapers that tightening deportation regulations will by no means lead to more deportations, but that difficult humanitarian issues have arisen. “Seehofer’s symbolic politics seem to have returned, which doesn’t help anyone and doesn’t solve any problems – especially not in the communities that need support.”
Detention pending exit is currently possible for up to ten days, but Faeser proposes an extension to up to 28 days. This should give the authorities more time to prepare for a deportation.
Sharp criticism of the plans
The new regulation is part of a discussion draft that the ministry has drawn up after discussions with the federal states and local authorities. These are now to be discussed further on the subject before the ministry presents draft legislation. Among other things, Faeser proposes that objections and legal action against entry and residence bans no longer have a suspensive effect.
Deportation custody is intended to prevent someone from evading a deportation that is imminent in the near future. There is also detention pending deportation, which can, however, last for months. “Under narrow constitutional conditions” the officials should also be allowed to enter other premises in the event of deportation. This is to ensure that those affected are actually found in community accommodation, it was said in justification.
Sharp criticism came from the organization Pro Asyl. “We have major reservations about the plans in terms of constitutional and European law,” said the head of the European department, Karl Kopp, of the editorial network Germany. “Because in deportation custody, people are locked up who have not committed anything. This custody is now to be extended.”
The refugee policy spokesman for Pro Asyl, Tareq Alaows, told the Funke media group: “Anyone who calls for deportations at any price, perhaps because an election campaign is imminent, only confirms the positions of the right-wing, such as the AfD, and poisons the mood in the country refugees.” Faeser is running as her party’s top candidate in the Hessian state elections in October.
demand for more speed
Bavaria’s Interior Minister Herrmann, on the other hand, welcomed Faeser’s proposals in principle. “It is unfortunate, however, that it took so long again,” said the CSU politician to the “Münchner Merkur”. “Now it is important to implement the whole thing quickly.” But there is a lack of announcements so far. He also called for further steps, such as the classification of other countries of origin as safe countries of origin.
NRW Prime Minister Hendrik Wüst also called for more speed. The municipalities are at the limit, he told the Funke media group. “Nevertheless, this federal government is again wasting valuable time. For immediate relief, Minister Faeser would have to implement the new regulations on deportations that have already been agreed with the federal states.” But instead of consistency, there are only discussion papers, “too little, too slowly, too hesitantly. We can do that best if fewer people come to us who have no right to asylum.”
According to the federal government, almost 13,000 people who were required to leave Germany were deported in 2022. According to the central register of foreigners, a good 304,000 people were required to leave the country at the end of 2022, around 248,000 of them with a toleration. In addition to rejected asylum seekers, tourists, employees and foreign students can also be required to leave the country if their visa or residence permit has expired.
Tolerated people are people who are obliged to leave the country but cannot be deported for certain reasons. This may be because they do not have any identification documents, are ill or have a minor child who has a residence permit.