Despite plans to tighten further measures, a summit meeting between the federal government and the Union to limit illegal migration has failed. According to information from government circles, Federal Minister of the Interior Nancy Faeser (SPD) is now also in favor of rejecting asylum seekers at the German borders – but not across the board and directly, but with fast-track procedures on German soil and near the border. But that is not enough for the Union, which is why the talks led by the parliamentary manager of the CDU/CSU parliamentary group, Thorsten Frei, were broken off on Tuesday afternoon.
The Union criticizes the solution as being too complicated and insufficient. They could also circumvent other states by simply not registering refugees and other asylum seekers so as not to have to take them back later. This would mean that Germany would once again be responsible for these people.
CDU leader Friedrich Merz stressed at X: “The federal government is obviously hopelessly divided internally and cannot agree on effective measures.” The traffic light coalition is capitulating to the challenge of irregular migration. There was criticism within the SPD that the Union's proposals were not legally feasible and that Merz was clearly not interested in reaching an agreement ahead of the general debate with Chancellor Olaf Scholz (SPD) in the Bundestag on Wednesday.
Interior Minister Faeser proposes fast-track procedure at the border
On Tuesday, in discussions with the Union, Faeser proposed a new model for turning back asylum seekers at the border. However, this should only apply to cases in which these people have already been registered as asylum seekers in another EU country under the European Dublin Regulation. They should be quickly turned back there after being checked by the federal police.
If an asylum application is made, the Federal Police will use electronic queries in the Eurodac file to check whether another EU member state is already responsible for the refugees. In this case, authorities would initiate return procedures at an accelerated rate. This requires the state judiciary to act quickly, says Faeser's proposal. “There must also be sufficient detention places in the states, preferably near the border along the migration routes.” This applies, for example, to cases in which there is a risk that the person will go into hiding. It is unclear how long such “fast-track procedures” would take. On Tuesday evening, Faeser spoke of a maximum of five weeks, including the processing of appeals.
The Union said that the Federal Minister of the Interior's proposals were inadequate and would not lead to a rapid and significant reduction in illegal migration to Germany. Faeser's proposals would also only cover a portion of the people entering Germany illegally: those previously stored in Eurodac. Above all, however, Germany would have to obtain consent from the responsible member state so that the person could be transferred there and deported. “This would mean that Germany would still not be able to independently enforce deportation to the responsible member state.” The entire Dublin system no longer works anyway.
“Neighbouring countries would not accept the Union’s model”
The federal government says that the blanket rejections at the border demanded by CDU leader Merz cannot be implemented in this way, and that neighboring countries such as Austria or Poland are not obliged to accept these people. Rejections in Dublin cases can only take place in the EU state where an asylum application was first submitted. Faeser stressed: “The neighboring countries would not accept the Union's model.” All public statements so far show this.
Justice Minister Marco Buschmann (FDP) stressed at a press conference with Faeser and Foreign Minister Annalena Baerbock that “unassailable solutions” must be found under European law. Case law cannot be ignored. Therefore, a blanket rejection of Dublin cases at the border is not possible. He referred to the case of a Syrian who had already been returned to Greece from Germany, sued against it and then had to be brought back to Germany following an administrative court ruling. “It is not enough to have a theory or legal opinion,” said Buschmann. It must stand up in court.
The government representatives of the traffic light coalition demonstrated unity on the issue, which has gained significant momentum following the Islamist terrorist attack in Solingen. Apparently, “some gentlemen are surprised that we are playing as a team here, including for the constitution,” said Baerbock, referring to the CDU/CSU representatives. But one thing is clear to everyone: “The status quo cannot continue like this.”
However, the tougher asylum policy is also being met with scepticism within the party's own ranks – because many in the SPD and the Greens feel it goes too far. There is growing criticism within the SPD that it is currently being driven by the CDU/CSU and AfD. This would give the federal government the impression that it is chasing a right-wing dynamic, the party said.
It is also about the political future of Chancellor Scholz
With this change of course, the government coalition also wants to demonstrate its ability to act before the state elections in Brandenburg on September 22nd. For Chancellor Olaf Scholz, the election could also be decisive for his political future. In polls, the AfD is clearly ahead of Prime Minister Dietmar Woidke's SPD, which has governed here without interruption since reunification.
During the time of Chancellor Angela Merkel (CDU) in government, the SPD in the grand coalition had always supported Merkel's approach of keeping the borders open – and that rejections at the borders could hardly be enforced in a legally secure manner. This in turn almost led to a rift between the CDU and CSU.
Nine years later, it is precisely this question that is now causing new tensions for the traffic light coalition. Apart from the left wing of the SPD, there is a lot of criticism, especially from the Greens. It is important that no new pull factors are created for migration to Germany – for example, if other EU states no longer register asylum seekers after they arrive in Europe so that they do not have to take them back after they are rejected at the German border. It is necessary to prevent “everyone being waved through to Germany”, said Green government circles. In general, border controls must be designed in such a way “that it works for the economy and we remain closely connected with our neighboring countries”. Nobody wants queues of cars at the German border again.
:Rejections: It's not that easy
Are German police officers allowed to turn away refugees at the border without any checks? Legally, this is hardly possible.
Faeser stressed that the capacities of the Federal Police would have to be increased for their model, also in order to effectively control all external borders over a longer period of time. Migration researcher Gerald Knaus, however, warns against measures that are not thought through to the end: “Internal border controls that are supposed to have any effect mean the end of Schengen, require federal border protection and fences around Germany.”
On Monday, Faeser had already ordered controls at all German land borders for six months to curb the number of illegal entries. The controls are scheduled to begin on September 16. The existing controls at the borders with Poland, the Czech Republic, Austria and Switzerland have already turned away around 30,000 people since October 2023 who had no or forged documents, no visa or no valid residence permit. The controls are now to be extended to the borders with France, Belgium, Luxembourg, the Netherlands and Denmark.
Chancellor Scholz is keen to pacify the discussion on this issue together with the Union. “We would also be happy if we could do something together, including with the opposition,” he said at the summer party of the party newspaper Forward – before the Union called off the talks. “It won’t be our fault if it doesn’t work out,” said Scholz.
After the Union broke off the asylum talks, he made serious accusations against CDU leader Merz. “All I can say is that the withdrawal from this round was already a foregone conclusion. And that is embarrassing for those who are responsible for it,” Scholz criticized on Tuesday evening at an event organized by the Seeheimer Circle of the SPD parliamentary group in Berlin. “Leadership looks different. Character, honesty and firmness are what this country needs, not such small sleight of hand and provincial acting.”
After the negotiations failed, FDP leader Christian Lindner suggested a summit meeting between the traffic light coalition and Merz. “The Union's rejection of the asylum summit must not be the last word,” wrote the Federal Finance Minister on Platform X. Merz should negotiate with the Chancellor, Economics Minister Robert Habeck (Greens) and himself personally. “We will solve the problem together,” added Lindner. Germany needs control and consistency when it comes to migration.
