German Interior Minister Thomas de Maizière became the main advocate for tightening immigration legislation
As noted in a publication by "Russkaya Germaniya", this law became one of the main new provisions of the German government adopted after the attack by Anis Amri at the Berlin Christmas market. It is known that the deportation order for Amri was canceled when the Tunisian government failed to provide the necessary documents.
The Bundestag adopted this package of laws "to strengthen control over compliance with the obligation to leave." The main advocate pushing for the new tightening is Interior Minister Thomas de Maizière. He considers it fair that those who do not have the right to reside in Germany but do not leave voluntarily should in the future face restrictions on freedom of movement.
Lawmakers also decided to restrict freedom of movement for immigrants who provided false information about themselves: during the consideration of their asylum application, they are not allowed to leave the reception centers until the end of the process. Those who have just arrived in the country will have to remain in temporary reception centers until immigration authorities review their application. Also, asylum seekers who have no prospect of staying are required to remain at the initial reception point.
People whose children were born in Germany have now been deprived of the right to automatically remain in the country.
Human rights and public organizations, as well as the opposition, criticize the innovations and speak of violations of the fundamental rights of people seeking asylum and in need of protection. Opposition representatives believe that this turns Germany into a country focused on deporting immigrants.
Human rights activists reacted particularly negatively to the fact that law enforcement agencies also received the right to collect data from the electronic devices of refugees whose identity was not identified upon entry into Germany. According to the new provision, the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF) can now analyze data from mobile phones of asylum seekers who do not have identity documents in order to determine their identity.
Moreover, the German police and prosecutor's office have gained the ability to detain refugees who potentially pose a threat to the country's security for up to 10 days. Previously, only four days were allotted for the investigation. Also, the police can monitor certain potentially dangerous individuals using electronic bracelets.
The package of amendments to the law was developed by the German Ministry of the Interior. Its goal is to protect residents of Germany from immigrants who may pose a potential danger to society. According to Interior Minister Thomas de Maizière, the state must provide assistance to those who truly seek protection. But it will not protect those who lie or try to cheat.
The Bundestag has tightened Germany's immigration legislation not for the first time. As early as February 2016, the government finally approved the Migration Package II. The new law provided for the creation of special reception points at the borders, where initial decisions are made on whether migrants have the right to seek asylum in Germany. If applicants do not have such rights, they are immediately expelled from the country.
Also in February 2016, the requirements for undergoing a medical examination, which became one of the conditions for obtaining the right to stay, were tightened. Meanwhile, the processing time for cases of refugees who receive a positive decision was reduced to a few weeks.
Migrants who have a limited right to asylum in Germany (i.e., those receiving asylum not under the Geneva Convention on Refugees but who cannot be deported to their home country due to a threat to life and health) are restricted in their ability to reunite with their families for two years. The resident status granted to asylum seekers restricts their movement to the region of Germany where they register.
For those who voluntarily arrive at special reception points, a system of benefits and services has been developed that is available only upon timely registration and receipt of a refugee certificate.