The Black-Red coalition government has announced plans to draft a new bill amending the Immigration and Asylum Act. The proposed legislation seeks to revise the criteria for designating countries as safe for deportation and to eliminate the government’s obligation to provide legal representation for individuals held in detention pending deportation. The coalition has agreed to support the interior ministers from both parties in drafting the bill.
According to the government’s press office, the proposed amendment would allow the federal government to designate safe countries by executive decision, bypassing the need for approval from the Federal Council of States (Bundesrat). This change is intended to prevent state governments involving the Left Party and the Greens from blocking such decisions, as they have done in the past.
As a first step, the federal government plans to classify Morocco, Tunisia, Algeria, and India as safe countries of origin. This move is intended to accelerate the processing of asylum applications from these countries and facilitate the deportation of those whose claims are rejected. “We will begin with the classification of Algeria, India, Morocco, and Tunisia, and a similar approach should be considered for other safe countries of origin,” the coalition agreement states.
The cabinet decision indicates that the bill seeks to eliminate the right of individuals affected by detention pending deportation to hire a state lawyer. This right was established by the previous Traffic Light Coalition government at the request of the Green Party. Additionally, the amendments will apply to asylum seekers if they are transferred to other EU countries.
The proposed government bill faces opposition from the Left, the Greens, and legal experts. Critics argue that the bill sidelines both the Federal Council (Bundesrat) and the Bundestag by removing their right to weigh in on the classification of safe countries. The German Bar Association has also raised concerns, stating that the proposal would unnecessarily complicate asylum law. In particular, the Association objects to the bill’s reliance on references to European law rather than German asylum legislation, warning that this could create avoidable legal ambiguities. Christoph Tometten, the Bar Association’s immigration law expert, argues that the bill is unlikely to accelerate asylum procedures, including the resolution of long-pending applications.
The Green Party has accused the government of undermining the rule of law. “The designation of safe countries of origin is not a mere administrative process, but a significant intrusion into individual protection rights, with serious consequences for refugees,” said Green Party politician Filiz Polat. She added, “The involvement of constitutional bodies is not a bureaucratic hurdle, but a constitutional obligation.”
German civil society groups have also voiced strong criticism of the federal government’s proposal. Pro Asyl, in particular, has condemned the draft legislation as both unconstitutional and undemocratic. Wiebke Judith, the organization’s legal & advocacy spokesperson, warned: “Identifying countries of origin and third countries that are supposed to be safe makes it difficult for vulnerable people to get the protection they deserve.”
The current bill is part of the government’s effort to significantly change migration policy. Federal Interior Minister Alexander Dobrindt highlighted this in response to reporters’ questions, stating, “It’s about implementing a shift in migration policy.”
