State funding for mandatory legal counsel for persons in deportation detention will also be eliminated. The changes drew criticism from the Green Party, The Left Party, and legal associations.
In the future, the Federal Government will be able to more easily classify states as so-called safe countries of origin and, consequently, simplify deportations to those countries. This decision was adopted by the Bundestag.
If the Federal Government is able to classify states as safe countries of origin via a legal ordinance in the future, the approval of the Federal Council (Bundesrat) will no longer be required. This is made legally possible by exempting a relatively small group of protection seekers who receive asylum as politically persecuted persons.
Asylum applications from people from states deemed safe countries of origin are generally rejected by the Federal Office for Migration and Refugees (Bamf) as manifestly unfounded. However, this does not exclude the granting of protection status in individual cases. Rejected applicants can be deported more easily and quickly.
Sebastian Fiedler, the SPD parliamentary group’s domestic policy spokesperson, assured: “Every individual who can substantiate that they face persecution will receive protection.” In contrast, Clara Bünger, The Left party’s domestic policy spokesperson, characterized this as “second-class asylum procedure.” “If a state is considered safe, the asylum treaty becomes a formality.” Filiz Polat of the Green Party called the law unconstitutional. Christian Wirth of the AfD stated that European asylum law is dysfunctional and called for further steps.
Disagreement Over State-Funded Mandatory Legal Counsel
In addition, other tightening measures are planned. According to the bill, people facing deportation detention or pre-removal detention will no longer be entitled to state-funded mandatory legal counsel to support them in defending their rights. This right was only introduced last year.
The German Lawyers’ Association (Deutscher Anwaltverein) and the Federal Chamber of Lawyers (Bundesrechtsanwaltskammer) criticized this repeal. “Deprivation of liberty is one of the most severe restrictions on fundamental rights,” the Lawyers’ Association explained. “So far, more than half of all detentions are unlawful. The state must agree to particularly careful scrutiny in this area.” SPD politician Fiedler noted that legal aid will continue to be provided in complex cases in the future.
Ban Period for Attempted Deception
Anyone who attempts to deceive or knowingly provides incomplete information during the naturalization process will be barred from becoming a German citizen for ten years in the future. The CDU/CSU and SPD coalition is thus reacting to investigations related to the trade of fraudulent language certificates in several federal states. “Anyone who attempts to cheat in the naturalization procedure does not deserve a German passport,” emphasized Alexander Throm (CDU), the CDU/CSU parliamentary group’s domestic policy spokesperson.
The ten-year ban will apply if naturalization was irrevocably revoked or if the competent authority determined during the naturalization process that the applicant “maliciously deceived, threatened, or bribed.” The ban will also apply in cases where a foreigner provided knowingly incorrect or incomplete information regarding essential requirements for naturalization.
The exact result of the decisive roll-call vote in the third reading was to be published later. During the preceding second reading, the government factions of the CDU/CSU and the SPD, as well as the AfD, supported the law. The Green Party and The Left Party voted against it.
Source: dpa
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