Germany's key promise of Merz's government, an immediate deportation policy for illegal immigrants, has hit a legal wall. After taking office, Chancellor Merz, who has pursued a hardline anti-immigration policy, faced this setback as soon as the policy was put to the test, according to German media.
On the 3rd (local time), the Federal Administrative Court of Germany ruled that Merz's administration's 'immediate deportation at the border' policy may violate current EU law and the German constitution.
The court particularly noted that 'immediately sending back immigrants without going through the proper asylum application process is a violation of basic rights,' thus putting a stop to the government's policy.
Chancellor Merz prioritized anti-immigration policies from the moment he took office last May. Interior Minister Alexander Dobrindt announced, 'We will impose stricter border controls and immediately deport immigrants crossing the border without valid documents.'
The Merz government is reportedly considering declaring a 'national emergency' based on Article 72 of the Treaty on the Functioning of the European Union (TFEU). If this measure is implemented, Germany would be able to prioritize its national laws over EU regulations to enhance border control.
However, this court ruling has made it difficult to apply such hardline measures.
German media analyzed that the Merz government's 'determination to end the border open policy introduced during the Merkel era' has encountered legal limitations.
The German government's strong anti-immigration policy is also facing challenges in reality. Recently, the German federal police attempted to deport two Afghan nationals at the Polish border, but the Polish border guard refused.
They were eventually housed in a temporary refugee accommodation on the German side. This case exemplifies how the government's immediate deportation policy is not operational in reality.
Neighboring countries that must accept deportees are also strongly opposed. The Swiss Federal Department of Justice stated, 'Organized repression at the border is a violation of current law,' adding, 'It is regrettable that Germany took such measures without consultation.'
Polish Prime Minister Donald Tusk also indicated discomfort, saying, 'Border control should focus on the EU's external borders.'
Germany's immigration policy has undergone significant changes since Chancellor Merkel's 'open-door policy' in 2015. At that time, Germany accepted a large number of Syrian refugees, but negative sentiments towards immigration rapidly spread due to consecutive refugee-related crimes.
The German government deported 28 Afghan refugees who committed crimes last September. This was the first deportation case since the Islamic militant group Taliban regained control over Afghanistan in 2021.
Germany revised its refugee laws twice in 2016 to strengthen the asylum application process, and the number of foreign offenders has significantly decreased since then.
However, this court ruling is expected to impose restrictions on the Merz government's push for even stricter policies.
Chancellor Merz is in a politically vulnerable position, having failed to secure a majority in the first prime minister election vote last May. There is also a possibility that he could face another political crisis in the process of advancing immigration policies.