Widening of imprisonment for deportation and permanent „Duldung“ - still with the current draft of the cabinet!

Stop Tightening of Asylum Laws

On the 3rd of December the cabinet (german government with all the ministers) decided on and published the new version of the draft to change the asylum laws, which had been created by the ministry of interior last summer. Against other claims it should be emphasized that this new decision is still an extensive tightening of the current asylum laws, containing just little changes in comparison with the prior version of the draft! Likely, the parliament will already decide on it in January! And it looks like the federal council will not be included in the decision this time.


Here there are just two central points of the law tightening in it's current version:


Widening of deportation prison (remand pending deportation)


After the decision of the cabinet, now these will be the new additional reasons for imprisoning asylum seekers in germany:

  1. If somebody changes his/her residency permanently without telling the authorities

  2. If someone does not give the correct information on his/her identity to the authorities

  3. If someone refuses to support his/her own deportation

  4. If someone has payed high amounts of money to human traffickers to enter the country

  5. If someone says clearly that he/she will try to prevent his/her deportation

  6. Any other action aiming to prevent the deportation

  7. In „Dublin cases“: If someone has left the first EU state before his/her asylum case in that state was finished


Prohibitions of entry and stay – widening of permanent „Duldung“


Those asylum seekers get prohibitions of entry and stay,

  1. who don't leave the country voluntarily (although legally it would be „possible“) after getting the deportation letter

  2. whose asylum applications have been rejected as „offensichtlich unbegründet“ (obviously unfounded) and if in these cases a deportation would be „legally possible“

  3. whose repeated asylum applications don't lead to a new asylum case

For the affected people, this means that for the period of these prohibitions they have no possibility to get any residence title in germany (for example through marriage etc.).

It must also be emphasized that every „can-regulation“ (which leaves the concrete action to the authorities' estimations) will inevitably lead to a practical worsening of the situation of those affected. Because the experience has already shown much too often that the authorities are using any single legal possibility to oppress asylum seekers.


Link: The complete current draft of the cabinet from 3rd December 2014 [german]