Germany to tighten asylum laws after Solingen attack – what are the measures?

The German government wants to take a broad set of measures to prevent future attacks involving foreign nationals who might be radicalized or disgruntled for failing with the asylum request. 

This comes after a deadly knife attack in Solingen in the west of Germany, where three people were killed by a failed 26-year-old asylum seeker from Syria.

German chancellor Olaf Scholz said that authorities “must learn from the attack in Solingen. A man there killed three people and injured eight. The attacker comes from Syria. He travelled to Germany in 2022. The terrorist group known as the “Islamic State” (IS) claims that the man carried out the attack on their behalf.”

On Thursday (August 29) leading German government politicians announced a package of security measures. Above all, certain refugees will no longer receive the full scope of social benefits, while deportations will be carried out more quickly. 

Here are some of the details that have been made public so far:

Cutting benefits in Dublin cases

Since the attacker in Solingen was a failed asylum seeker who would eventually have been deported, the main focus at the moment is on dealing with similar cases.

The suspect was supposed to have been sent back to Bulgaria last year under EU rules known as the Dublin regulation. Failure to comply and see his deportation through resulted in the deaths of three people.

As a consequence, the government has now decided to table a controversial move, which would mean that those who first were registered in another EU country will have their financial benefits cut altogether if they remain in Germany and if that country has agreed to accept them back under the Dublin regulation.

Also read: Facts show blaming foreigners for crime in Germany too simplistic

Will the amount be reduced to zero?

According to Interior Minister Nancy Faeser (SPD), only funds for departure will be made available to Dublin cases. This is because the care of the affected individuals is ensured in the other EU country, she said. However, she also stressed that accommodation and food would be provided until departure, saying that in Germany, “no one will starve to death or sleep on the streets.” The government’s resolution paper states: “We ensure a humane treatment of all those affected.”

What is the purpose of cutting financial assistance?

According to Germany’s Federal Minister of Justice Marco Buschmann, canceling such social benefits would put pressure on those who are obliged to leave the country under Dublin rules to actually follow through with, as they would no longer have access to cash — only food and shelter.

For example, if an asylum seeker arrived in Greece first and was registered there but later made their way to Germany and remained there despite an order to return to Greece under Dublin rules, they would no longer receive any financial assistance.

Refugee rights organizations have already come out and said that this would be inadmissible; refugee organization Pro Asyl said that “social benefits must not be cut or arbitrarily reduced for a supposed deterrent effect.”

Meanwhile, the Green Party, which is part of the government coalition, has also also expressed its reservations about the plan and said that it would have to be cleared by the Federal Constitutional Court.

According to Interior Minister Nancy Faeser, there should be no legal challenge to lose, as the care and well-being of those concerned in such a scenario would be guaranteed in the other EU country. 

In the past, however, the Federal Constitutional Court has typically sided with refugees and asylum seekers in cases where their financial benefits were concerned.

Also read: UK and Germany to cooperate to curb irregular immigration

The Dublin Regulation explained

The Dublin Regulation stipulates that all asylum seekers are supposed to apply for protection in the EU country which they first set foot on. 

If the travel further and lodge another claim elsewhere, it can be voided. 

However, many asylum seekers do manage to evade being taken back to the first country of arrival in the EU for long enough that the country they’re in has to legally take over their case.

There have been attempts at reforming the Dublin rules — but there is no consensus across the EU on how to modernize this aspect of immigration laws.

Also read: Can Germany stop accepting Syrian and Afghan refugees?

Security, deportations, home visits by refugees

In addition to changes to asylum laws, there are also plans to introduce other measures.

For example, a ban on knives at public festivals and other large events is likely to be introduced to avert a repeat of the events that took place in Solingen earlier in August.

Furthermore, people who are obliged to leave Germany under international deportation orders beyond the EU will be deported much faster. However, it is unclear at this point, what methods might be introduced to secure faster deportations.

The policy on home visits by refugees will also be subject to closer scrutiny. Refugees will lose their protected status if they travel to their home countries, except for important reasons, such as attending a family member’s funeral. However, Ukrainian refugees will be exempt from this rule.

Also read: Solingen knife attack prompts tough security measures

with AFP