At the end of September 2023 Federal Chancellor Olaf Scholz stated: “There are currently too many refugees who are seeking to come to Germany.” This is why the Federal Government is implementing a number of measures for organising and controlling irregular migration. 

Migration partnerships with third states

The Federal Government aims to repatriate those who do not require protection in a less bureaucratic manner. To this end, it plans to enter into practical partnership agreements with key migrant countries of origin, which will benefit both sides. In order to realise this, the Federal Government appointed Joachim Stamp as Special Commissioner for Migration Agreements back in February 2023. Migration agreements are an important component to allow for economic cooperation and qualification for the labour market on the one hand, and straightforward repatriation on the other.

Safe countries of origin

In order to limit irregular migration, the Republic of Moldova and Georgia have been declared safe countries of origin. Both states want to join the European Union, and people are generally not threatened by political persecution in these countries. More than one in ten rejected asylum applications are from people from those two countries. This step is intended to reduce irregular migration quickly and effectively.

The Federal Government’s repatriation package

A key step towards limiting irregular migration is to speed up repatriations and deportations of those who have no right to remain in Germany. Federal Minister of the Interior Nancy Faeser introduced a draft law to this effect on 11 October 2023, which was adopted by the German Bundestag on 18 January 2024. The repatriation package includes a raft of measures to make procedures more effective and enforce deportation rules more consistently. This involves speeding up deportations of criminals and dangerous individuals.

Reducing the burden on agencies dealing with foreign nationals and other public agencies

On 1 November 2023, the Federal Government introduced the draft law for the adjustment of data transmission rules in social legislation and laws dealing with foreign nationals. The goal of this draft law is to improve data exchange via the Central Register of Foreign Nationals (Ausländerzentralregister, AZR). Planning provides for details of whether data subjects receive benefits (according to the Asylum Seekers’ Benefits Act, the Second, Eighth or Twelfth Book of the Social Code, or the Law on Advance Maintenance Payments), which authority is responsible for granting these, and the time period for which the benefits are granted to be registered in the AZR in future. The burden on agencies dealing with foreign nationals and public agencies (such as welfare offices and job centres) is to be reduced by eliminating manual inquiries concerning social benefits.

Harsher sentences for traffickers

On 1 November 2023, the Federal Government initiated a campaign to allow for considerably harsher sentences for traffickers. In future, a minimum of one year of imprisonment is to apply for commercial or organised trafficking as well as in cases involving weapons, health hazards, unaccompanied minors or severe violation of traffic regulations in order to avoid police checks, provided that such cases are classified as criminal offences. Furthermore, the police and public prosecutors are to be granted general authorisation to use telecommunications surveillance in connection with any offences related to trafficking.

Internal border controls

In order to fight illegal trafficking even more effectively and to limit irregular migration, Federal Minister of the Interior Faeser notified the European Commission of temporary internal border controls on the national borders to Poland, the Czech Republic and Switzerland on 16 October 2023. At the same time, the notification of temporary internal border controls on the national border to Austria was renewed.

This means that the Federal Police Force is now able to take the same measures on the borders to Poland, the Czech Republic and Switzerland, as those which have been available on the border to Austria for some time. Flexible focus checks have already taken place in recent weeks while dragnet controls were intensified in the entire border region. There have also been joint patrols with the Polish and Czech border police on their national territory. A joint action plan has been drawn up together with Switzerland. These measures are to be continued in close coordination with the neighbouring states.

Pan-European solution

On 20 December, the EU member states, the European Parliament and the European Commission agreed on a compromise for reforming the European asylum and migration system. Federal Chancellor Olaf Scholz welcomed the reform, writing on X: “A very important resolution: following lengthy discussions, Europe has at long last agreed on a common European asylum system. This allows us to limit irregular migration and reduce the burden on those states that are affected most strongly, including Germany.”

The EU asylum reform policy includes effective management of Europe's external borders with uniform registration standards and responsibilities, in addition to a mandatory solidarity mechanism. This means that those member states which receive fewer asylum applications can take in refugees, make financial contributions or deploy staff for capacity development.

This agreement now requires formal confirmation from the European Parliament and the EU states in the EU Council. The clear goal is to adopt all parts of the asylum package before the end of this legislative period.

Fair international distribution 

In December 2018, an overwhelming majority of the global community agreed on a comprehensive framework for better cooperation on refugee issues for the first time. With this Global Compact on Refugees (GCR) all states involved seek to improve international cooperation on refugee issues and to achieve a fair distribution of the burden.

Joachim Stamp has been the Federal Government’s Special Commissioner for Migration Agreements since February 2023. In a podcast titled “Aus Regierungskreisen” (“In government circles”), he spoke about safe migrant countries of origin, overwhelmed communities and the responsibility to put an end to humanitarian disasters in the Mediterranean. You can listen to the podcast here: What do fair migration pacts look like, Joachim Stamp?