New Developments in Germany’s Migration Policy
The recent tightening of migration policies in Germany, following the machete attacks in Mannheim and Solingen, appears to be having a limited impact in practice. The main point of contention is the reduction of benefits for Dublin cases, which refers to asylum seekers who have already made a claim in another EU member state. According to a recent investigation by the news magazine, this new legislation is not being implemented by the majority of the 16 German states.
In Bremen, the social administration has not reduced any benefits, citing that a government directive is still being worked on and that a constitutional review of the legislation is necessary. Similarly, the lower Saxony’s interior ministry stated that no benefits have been cut, with a spokesperson for the city of Hanover adding that a state decree prohibits such cuts.
In North Rhine-Westphalia, Rhineland-Palatinate and the city of Munich, officials acknowledged that they intend to follow the new legislation, but in practice, it is not always possible to do so. For instance, Düsseldorf has not reduced social benefits for Dublin cases and this is the case for all other state capitals. Some officials pointed to complex individual case regulations or legal concerns.
Even the former president of the German Federal Constitutional Court, Hans-Jürgen Papier, has expressed concerns about the reduction of benefits. “The case law is clear: the dignity of the human being in connection with the social welfare principle requires a minimum of existence for foreigners who are present in Germany” he told the Focus. Furthermore, benefit reductions should not be used to achieve migration policy goals. “The legislature overburdens the authorities, as benefit reductions are very sensitive.”
The Federal Office for Migration and Refugees estimates that there are several tens of thousands of Dublin asylum seekers currently in Germany, according to a spokesperson.