New Rules to Exile Migrants From Germany

According to Germany's Minister of Internal Affairs Horst Seehofer (CSU), asylum seekers must be deported immediately, if they violate the law in Germany. Soon, Seehofer will present the German government with new proposals for specific legal changes. His demands came after a last week's attack on the Baharez Amberg city. On December 29th, four alcoholic asylum seekers from Syria, Afghanistan, Iran, aged 17-19, attacked passersby on the street by shooting at them. Twelve people got hurt.

Currently in Germany, there is no record of how many are expelled after committing a criminal offence, the number of deportations has dropped overall last year. In the first half of 2018, 12,300 people were expelled, compared to 2017, a 2% drop. German law as a rule also prohibits deportations if the person who is to be expelled is threatened by torture or death in the country of origin, or whether his life is threatened because of religion, race, nationality, political obedience or social affiliation.

Who is expelled from Germany?

Foreigners who want to live in Germany need a residence permit, refugees and asylum seekers receive only a temporary residence permit, as long as their demand is addressed. If asylum demand is rejected, they have no longer the right to stay and abandon Germany within a certain deadline (no less than 6 months). If this deadline expires, then they are forced out of Germany to the country of origin.

What happens to foreigners committing crimes?

A person who during treatment of asylum demand is sentenced to prison for at least three years. must Theoretically cast out. For other persons, who are convicted of minor criminal acts, or if they are seen as a threat to public order, local authorities establish their expulsion. Their decision is based on two factors: How serious has the criminal act been, and how high is the need to protect the convicts to be deported? A person who has committed only legal offense and who in his homeland is threatened by torture or death is not cast out. To a foreigner with German families with a certain job, the chance for deportation is also small if he has not committed a serious crime.

A general regulation says that foreigners who at least face two years' removal of freedom Can To be banished. Even a year's sentence constitutes reason for deportation, if the offense committed is part of a catalogue of criminal acts, created following New Year's 2015/2016 attacks on Köln. Then a group of African or Arab immigrants attacked or sexually harassed women. This catalog contains criminal acts such as bodily injury, sexual dilemmas, or resistance against the competent authorities.

Who decides who gets deported?

Two authorities have the authority to issue the expulsion decision from Germany, the office of foreigners, which is part of federal countries governments and the Federal Office for Migration and Refugees, BAMF. In most cases, the foreign office is responsible for providing and implementing expulsion orders, but in the process of addressing asylum demand, it is BAMF, who also has rights, following the refusal of demand, to demand expulsion. Even in such cases, implementation makes the federal land's foreign office where the person is staying.

Because there are many people who do not want to leave voluntarily, the foreign office calls the police to help. The expulsion process is the task of border control, deportations conducted by Federal Police, which secures the country's borders. But authorities can also apply to the court for „prison maintenance before deportation” that could last up to 18 months. This, in case they have information that the person can hide.

Do the affected have the right to appeal the decision?

Yeah. The persons who have been denied asylum demand may complain to the Administrative Court, which confirms the authorities' decision. But those denied unwarranted „ ”, only have one week to appeal, others only two weeks. In recent years, overworked BAMF employees seem to have made bad decisions in recent years. Many asylum seekers complain about decisions until the court ruling may remain in Germany.

What are the reasons for delaying deportation?

Among those forced to abandon Germany, many are not expelled, physically ill or have psychiatric problems, or because they lack identity documents, such as passports or ID cards. But even those who are originally allowed to stay can be expelled. That was the case with Balkan war refugees in the 1990s. Refugees from the former Yugoslavia were to return home after stabilising the situation in their homeland. /DW