Germany's policy on refugees and migrants may change due to opposition pressure and an increase in the number of asylum applications. Find out what changes are proposed by the government and the opposition, as well as how this may affect the migration situation in the country and Ukrainians in particular

Legal assistance on migration issues for Ukrainians in Ukraine and abroad

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In 2024, Germany's migration policy faced serious challenges. The issue of refugees and migrants has become one of the central topics not only in government circles but also in society. And after the success of the far-right party Alternative for Germany (AfD) in the state elections in Saxony and Thuringia, calls for changes in migration policy began. Politicians, including those from opposition parties, insist on tighter control over asylum and even the return of refugees at the border.

Read our previous article to find out which German states are accepting Ukrainians in September 2024.

German opposition demands a tougher approach to migration: reasons

At the end of 2023, there were more than 3.2 million refugees in Germany, of whom more than a million were Ukrainians. Most of the migrants also come from Syria, Iraq, and Afghanistan. The German government provides these people with asylum and assistance. In 2023, more than 352 thousand new asylum applications were filed, and an additional 270 thousand applications are expected in 2024. The vast majority of these applications are rejected, but many migrants, including Ukrainians, continue to stay in the country, enjoying temporary protection.

At the same time, the increase in the number of asylum applications causes significant problems for the country's social and migration systems. That is why the far-right AfD party, which supports radical changes in migration policy, has significantly increased its influence, which has put additional pressure on the German coalition government. The AfD leaders and the CDU/CSU conservatives propose to stop granting asylum and introduce stricter rules for deporting migrants.

However, such measures are opposed by the liberal part of the government, in particular by representatives of the Green and SPD parties. They emphasize the importance of preserving basic human rights and Germany's international obligations.

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Government proposals to strengthen migration policy

Government officials have proposed a number of measures aimed at limiting illegal migration, including simplifying the deportation procedure and lowering the thresholds for recognizing a person as subject to expulsion from the country. It is also planned to increase the number of deportations and reform the social assistance system for those who stay in Germany under the Dublin rules.

At the same time, the German opposition insists on more radical changes. The head of the CDU, Friedrich Merz, demands that refugees be detained right at the borders and that new immigration flows be stopped. He argues that Germany has all the legal grounds for such actions and refers to Article 72 of the Treaty on the Functioning of the EU, which allows member states to take tougher measures in the face of a threat to the country's security.

However, critics of this approach, including representatives of the liberal wing of the government, emphasize that radical changes in migration policy could violate Germany's international obligations and threaten its reputation as a country that supports refugee rights.

FDP's position: compromise or new conflict?

The liberal FDP party, which is part of the government coalition, is in a difficult situation. On the one hand, they support the government's efforts to control migration flows, but on the other hand, they do not want to violate Germany's humanitarian obligations. Party leader Christian Lindner has openly stated that his party is ready to discuss changes to the legislation governing migration.

It should be noted that discussions about Ukrainians have been going on for a long time. And Germany has repeatedly made loud statements about changes in the conditions of stay for Ukrainian citizens. Among the latest are changes in employment conditions, benefit cuts, and a new system of redistribution of Ukrainian refugees, which provides for a “fixed admission regime” and the distribution of Ukrainians to other countries. However, whether Germany is ready for fundamental changes in its migration policy will become clear only after the debate at the governmental level.

We remind you! Ukrainian refugees in Germany will be able to retain the right to late resettlement status, which provides stable legal grounds for long-term stay in Germany. Read how to obtain this status and what opportunities it opens up for integration and building a life in Germany in our previous article.

Photo: IMAGO/Political-Moments

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Ihor Usyk is the Head of Legal Department at Visit Ukraine

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