migration
Traffic light ends dispute over naturalization and deportation
By simplifying procedures, the traffic light wants to ensure that deportations no longer fail so often at the last moment, for example because those affected cannot be found (symbolic image). photo
© Julian Stratenschulte/dpa
Just last week, two key laws in migration policy could not be passed by the Bundestag – the traffic light once again did not agree. Now there is still a compromise.
Deportations should become easier Naturalizations too: The coalition has still agreed on a compromise on the corresponding two draft laws. This emerges from a brief statement from the Bundestag factions of the SPD, Greens and FDP.
Both the reform of nationality law and the “Law to Improve Repatriation” could therefore be passed by the Bundestag in January. With regard to the two projects, the joint communication speaks of a “modern immigration society and the principles of humanity and order”.
The European asylum system is being reformed
At the same time, representatives of the EU states and the European Parliament agreed on a comprehensive reform of the European asylum system after years of negotiations in Brussels. The aim is to curb unwanted migration to Europe.
The two projects that the traffic light factions have now agreed on were not placed on the Bundestag agenda for final discussion and voting last week as originally planned. The reason for this was that the Greens in particular wanted improvements that were rejected by the FDP.
The following is planned in the federal government’s draft law:
– Immigrants should be able to become citizens after just five years of residence in Germany, provided they can support themselves without state help. So far they have to live in the country for at least eight years. If you perform well at school or at work, have good language skills or do voluntary work, naturalization should be possible after just three years.
– Anyone who wants to have a German passport should no longer have to give up their old one. This already applies to EU citizens and some special cases, but not to people from Turkey, for example.
In addition, the traffic light wants to ensure that more people without the right to remain are deported by simplifying procedures. To date, deportations have often failed at the last moment, for example because those affected cannot be found.
– Therefore, the maximum duration of detention on departure should be extended from the current 10 days to 28 days.
– In addition, officials in shared accommodation should also be allowed to enter rooms other than the room of the person being deported.
Naturalization possible via hardship clause
Points of contention in the coalition partners’ negotiations included exceptions to naturalization for disabled people and people who became unemployed through no fault of their own, demanded by the Greens and SPD MPs. They should therefore be able to become naturalized even if they claim social benefits. There was also discussion about whether people who are placed in detention pending deportation or in custody should automatically be provided with a public defender free of charge. The extended entry permit for picking up a person to be deported also met with criticism from the Greens.
There will be no exceptions to the right to naturalization, as was now said in coalition circles. “But it will still be possible for people with disabilities or other people who have difficulty earning their own living to be naturalized at their discretion using the hardship clause,” said FDP internal affairs politician Ann-Veruschka Jurisch.
In the case of deportations or immigration detention, a lawyer should be assigned if there was no legal representation in the case in question. However, this should only happen once the person concerned has been taken into custody or detention.
Greens: “Painful compromises”
The deputy leader of the Green Party, Konstantin von Notz, admitted: “When reforming the legal regulations on returns, we had to make painful compromises, which could also mean new hardships for the people affected.” But: The fact that in the future everyone in such a situation “will be provided with technically sound legal advice” is essential for improving the rule of law in the proceedings, said von Notz. The coalition members have also agreed to make it legally clear that the sea rescue of refugees will not be criminalized in the future.