Germany approves stricter measures on asylum seekers

The German cabinet recently endorsed several proposals, including a plan to simplify the designation of so-called “safe countries of origin,” which would facilitate the deportation of rejected asylum seekers.

This decision comes after another policy introduced by Interior Minister Alexander Dobrindt was ruled illegal by an administrative court in Berlin. That policy had allowed German police to deport asylum seekers at the border without assessing their cases under the Dublin Regulation.

Details of the German government’s plan

Alexander Dobrindt, a conservative politician from Bavaria’s Christian Social Union (CSU), wants future decisions on which countries are considered “safe” to be made solely by the federal government.

Under his plan, the German upper house of parliament (Bundesrat), which represents the country’s 16 federal states, would no longer need to approve these classifications. Currently, the Bundesrat’s approval is required to determine whether persecution in a given country justifies granting asylum to individuals from there.

This change would reduce the number of people eligible for asylum and make it easier to deport rejected applicants back to their countries of origin once they are categorized as “safe.”

The cabinet also approved the repeal of a law that had mandated automatic legal representation for individuals in detention before deportation — a policy introduced by the previous coalition government under pressure from the Green Party.

Dobrindt described the measures as “essential steps” within a broader package to reform Germany’s asylum policies.

However, the proposals still require approval from the lower house of parliament (Bundestag).

German Chancellor Friedrich Merz, leading the current coalition government, has pledged to crack down on immigration — a move widely interpreted as an effort to reduce support for the far-right Alternative for Germany (AfD) party.

Merz’s efforts recently suffered a setback when a court struck down a policy allowing for border deportations. Still, he has vowed to pursue such measures within the framework of existing European Union laws.

Legal and human rights concerns

Legal experts and human rights organizations have voiced strong criticism of the proposed reforms.

The German Bar Association (DAV) argued that the changes to the definition of “safe countries” would unnecessarily complicate asylum regulations.

Christoph Tometten, an immigration law expert with the DAV, warned that since the proposed reforms are based on EU law — not Germany’s constitutional right to asylum — it could create overly complex distinctions that administrative bodies and courts would struggle to implement. As a result, he said, asylum procedures could become longer, not shorter.

Tometten also noted that the German Constitution requires the Bundesrat’s involvement in classifying safe countries, whereas an EU directive — cited by the government — allows member states to make such designations by executive decree.

Pro Asyl, a major German refugee advocacy group, condemned the Merz government’s actions as undemocratic and constitutionally questionable.

Wiebke Judith, Pro Asyl’s legal policy spokesperson, stated: “Defining so-called ‘safe’ countries of origin and third countries makes it significantly harder for people who are genuinely at risk to access the protection they are entitled to.”