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mes was considered the last outstanding project of this black-red coalition in the field of immigration policy: the so-called Miri laws – A series of strong measures to make it more difficult for deported foreigners to re-enter and reduce abuse of the asylum system.
After the leader of the Lebanese Miri clan, Ibrahim Miri, re-entered the country last fall and applied for asylum, Federal Interior Minister Horst Seehofer (CSU) announced in the Bundestag on 8 November that “next week a corresponding bill for detention on re-entry despite the re-entry ban ”. Furthermore, “offenders of foreign nationality who have passed a certain sentence, namely six months, in their sentence” should be immediately expelled.
Seehofer’s program quickly turned out to be too ambitious. But as a result, his Interior Ministry drew up an extensive catalog of legislative changes that went well beyond creating detention grounds for foreigners with an entry ban. This should close the loopholes in the residency and asylum law that became apparent around the Miri Cause.
After long negotiations with the Ministry of Justice led by the SPD, hardly anything remains of the extensive project: only one paragraph “survived” the departmental vote, as is clear from the bill in WELT, which the Federal Cabinet will approve this Wednesday. The result is so narrow that it is no longer even enough for a separate bill; the remaining paragraph is now attached to the “law to postpone the census.”
Once the Bundestag has approved the bill, a new paragraph 62 will be added to the Residence Law, which allows for an “additional preparatory detention”. The aim is to allow a foreigner who returns to Germany despite being banned from entering Germany to be detained to “prepare for a threat of deportation.” However, only for a maximum of “four weeks” and, above all, only if it involves a “significant risk to the life and physical integrity of third parties” or “internal security”; or if there is “a particularly serious interest in expulsion.”
“Blockade of the Ministry of Justice”
For Mathias Middelberg (CDU), the internal political spokesman for the Union parliamentary group in the Bundestag, the result is inadequate: “It must not be that the ‘supplementary preparatory detention’ that is now in the room can only be ordered against serious criminals” , He says. It makes more sense to allow detention if those who have returned “have been sentenced to six months in prison or a youth sentence in the past.”
Middelberg does not expect the population to be satisfied with the weakened regulation: “No one will understand that criminals sentenced to prison continue to enter federal territory illegally and can walk freely just because they have filed an application for asylum. We must also protect our fellow citizens from these criminals. ”
The fact that the long-range plans of the Home Office have now been curtailed in this way is due to Middelberg’s “Ministry of Justice lockdown”, which is “sadly indicative of the SPD’s unwillingness to shape the immigration policy “.
In the February Interior Ministry’s original ministerial draft, for example, it was also planned that as soon as a foreigner returns to Germany despite its re-entry ban and applies for asylum, he should be rejected as “evidently unfounded”. Furthermore, the law should stipulate the immediate applicability of an entry and residence ban.
These measures are not going to arrive, although reentries are taking place on a considerable scale. WELT AM SONNTAG had reported that as of September 30, 2019, more than 28,000 asylum seekers who had entered the country since 2012 and had submitted an application, but were then deported or left the country, returned and submitted another asylum application.
Furthermore, according to the original plans of the Ministry of the Interior, it must be decided that false information in the asylum procedure is criminal. Incorrect information delivered to immigration authorities is already punishable today, but not information delivered to the Federal Office for Migration and Refugees (BAMF). In recent decades, various attempts in this direction have failed, also because the judiciary would be enormously overburdened if it had to be called in for every false statement.
In November 2019, Interior Minister Seehofer described the handling of deportees returning after the re-entry of Lebanese criminal Miri at a press conference as a “litmus test for the defense of the rule of law.” “If a state has decided that we do not want it to stay in our territory,” a returnee who has returned must be allowed to be detained until they are repatriated.
“Litmus test for the defense of the constitutional state”
Interior Minister Seehofer reacted to the illegal re-entry of a recently deported clan member with border controls at the internal borders of the EU. You can find out here the success of the intensified search measures.
Black-red has not passed this litmus test. However, the Miri case also marked real progress towards somewhat better immigration control. Because: After Seehofer failed to prevail in the coalition last fall with his demand for an expansion of border controls to all sections, he issued a decree on November 6, according to which the federal police should intensify their search for veil . This measure, which is still in force today, has had an impact: in less than a month after its enactment, not only 178 migrants with a re-entry ban were apprehended at all borders and airports, but 249 arrest warrants were also executed. national or international open.
