The new law is the biggest change in German refugee policy in the last two decades
For newcomers who know firsthand the word "integration" beloved by German politicians, it will be easier to stay in Germany. The reform of the legislation on granting political asylum proposed by the Ministry of the Interior will give the opportunity to obtain permanent residence in Germany to those refugees who previously received a limited permission from the competent authorities to stay in Germany (Duldung), have learned at least basic German, and are able to support themselves. Those who have no chance of obtaining political asylum – for example, people from countries considered safe by German legislators – will be subject to accelerated deportation.
The law, initiated by the Interior Ministry, is called "On the New Definition of the Right to Stay and Restriction of Stay." It is the biggest change in German refugee policy in the last 20 years and came into force immediately: the approval of the Bundesrat was not required for this bill.
German Interior Minister Thomas de Maizière considers the measures approved by the legislature a necessary step to preserve and expand Germany's capacity to receive those in need: "It is necessary to draw a clear line between those who have the right to protection from the German state and those who do not." The opposition and refugee aid organizations sharply criticize the reform that has come into force. For example, representatives of the Left party claim that dividing refugees into "correct" and "incorrect" is "shameful and dangerous."
The criticism from human rights activists is primarily related to the expansion of the powers of German competent authorities to deport those who, for one reason or another, do not meet the status of political refugee. Due to the legislative changes, the foreigner's offices get more opportunities to impose bans on entry and residence in Germany.
To facilitate the deportation procedure, a new concept of "pre-deportation detention" is introduced: a failed refugee slated for deportation and against whom there are grounds to believe that he will not comply with the authorities' decision may be "preventively" detained for up to four days pending deportation. Additionally, authorities have gained the right to detain virtually any refugee who crosses the German border.
German Interior Minister Thomas de Maizière, referring to the Bundestag's decisions, expects a notable acceleration of the deportation procedure, noting that long-term stay in the country for those who did not receive a residence permit and must be deported is impossible. "This is a mockery of the rule of law," the federal politician assures. Representatives of the refugee aid organization ProAsyl, in turn, assert that imprisonment is "a completely disproportionate punishment for those seeking help: fleeing is not a crime."
The changes in refugee legislation will ease the stay in Germany for the 125,000 people living in Germany with Duldung status – that is, those whose application for political asylum was not approved by the German authorities, but for various reasons they are not subject to deportation. The main requirements for changing the refugee status are several years of legal residence, knowledge of German, and self-sufficiency.
Oppositionists believe that with these concessions, "the authorities are buying the right to put refugees in prison." Grounds for imprisonment of people who break into Germany from neighboring EU states in search of asylum may include lack of a passport, incomplete or false information provided to the competent authorities, payment for services of smugglers engaged in the clandestine importation of illegal immigrants, and attempts to circumvent border controls when entering Germany. That is, practically everything that the average refugee encounters when trying to enter Germany.
According to the German Association of Lawyers (Deutscher Anwaltsverein), "virtually every asylum seeker entering Germany by land gives the state the grounds for detention prescribed in the new law."