Rejections: Traffic light coalition defends itself against pressure from the Union

The CDU and CSU are insisting on a quick decision from the government on their demand to turn away migrants at the German border. While politicians from the coalition party FDP are also in favor of this, the pressure is causing irritation among the Greens and SPD. The federal government is examining whether refugees can be denied entry to Germany under certain conditions.

On Tuesday, the traffic light coalition, the CDU as the largest opposition force and the federal states discussed migration and internal security. CDU leader Friedrich Merz said afterwards that the CDU and the federal states governed by the CDU and CSU only wanted to enter into further talks if migrants were turned back at the German borders. On Wednesday evening, he set a deadline of next Tuesday for a “binding declaration” from the federal government. On Thursday, however, he did not repeat this ultimatum: “We do not need any more long discussions here. And that is why I have made a request, namely that we decide quickly now,” said Merz at the start of a closed meeting of the Union parliamentary group leaders in Neuhardenberg, Brandenburg.

One option that the federal government is investigating: Can refugees who have already been registered elsewhere in Europe be turned back at the German border? This was confirmed to the German Press Agency by government circles. The “Bild” newspaper had previously reported on this. However, this is only one possible option among several that are currently being examined.

Border controls and rejections take place

People are already being turned away at the sections of the German border where controls are taking place. According to the Federal Ministry of the Interior, this has happened in more than 30,000 cases since last October. There have been controls at the borders with Poland, the Czech Republic and Switzerland since mid-October 2023, and at the German-Austrian border since September 2015. Rejections are currently possible if someone does not apply for asylum or if there is an entry ban against him or her.

The FDP is putting pressure on the third traffic light coalition partner, the Greens. “The Greens are wrong when they say that rejections at the border are not legally possible,” said party vice-chairman Wolfgang Kubicki to the “Rheinische Post”. Party leader Christian Lindner also called for radical changes. “If democracy does not deliver here, then a growing number of people will question the system. So if we are to defend the cosmopolitanism and diversity of our country, then we must be consistent and control immigration,” said the Federal Finance Minister on ARD.

Kevin Kühnert counters Friedrich Merz

Specifically, the Liberals are calling for an extension of the border controls introduced for the European Football Championship. This should initially take place until winter, according to a paper that the group decided on at its closed meeting in Hamburg.

SPD General Secretary Kevin Kühnert criticized CDU leader Merz on the ARD program “Maischberger,” saying that he should “not give the impression that the Brandenburg state election, which is approaching in two weeks, is leading him to act at an unrealistic pace.” Kühnert said he was “not inclined or willing to respond to this demand or, for that matter, provocation at this point.”

Discussion on legal issues

Green Party parliamentary group leader Katharina Dröge told “Focus”: “I find Friedrich Merz’s macho behavior just embarrassing.” Co-parliamentary group leader Britta Haßelmann told radio station Bayern 2 that it was important to discuss proposals that were compatible with the Basic Law and European law.

The SPD interior minister of Lower Saxony, Daniela Behrens, who attended the meeting on Tuesday, is open to the suggestion of turning back certain migrants at the borders. “My opinion is: If it is legally possible – and this must be examined very thoroughly – then we should do it,” she told the news portal “T-Online”. “I think the SPD states can get behind this.”

Rejections “not permissible under European law”

Green Party interior politician Irene Mihalic had classified the rejection of asylum seekers at the border as not permissible under European law. Legal scholar Constantin Hruschka sees it the same way: “Direct rejection of people who are applying for asylum or who have already applied for asylum in another European state is not permissible,” the professor at the Evangelical University in Freiburg told the editorial network Germany. According to the Dublin Regulation, asylum seekers may only be transferred to the country that is responsible for processing their asylum application. “They may therefore not simply be sent back to a neighboring country. And the transfer back may only take place within a specified procedure.”

FDP party vice-chairman Wolfgang Kubicki, however, stressed that Paragraph 18 of the Asylum Act provides for rejections. “Since the Dublin Regulation does not make an explicit statement about whether rejections of asylum seekers at the internal borders are permissible, the relevant national regulation applies.” According to the Dublin rules, the country in which a migrant arrived in Europe is normally responsible for an asylum procedure.

Mützenich: “No bans on thinking”

SPD parliamentary group leader Rolf Mützenich told the German Press Agency that the aim was “together with the Union at federal and state level to come up with a legally secure overall migration package.” He added: “There are no restrictions on our thinking about this.” However, he did not go into more detail. He also announced that the SPD parliamentary group would discuss the security package decided by the traffic light government in the Bundestag for the first time next week.

In response to the knife attack in Solingen last week, the government agreed to tighten gun laws, expand the powers of the security authorities and take further measures to restrict illegal migration. The Federal Ministry of the Interior announced on Wednesday that it would present legal texts for implementation in the next few days.