Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The German public debate on migration policy is dominated by a fear of foreign infiltration
(Überfremdung), high unemployment of resident foreigners and Germans alike, illegal migration
and illicit work; and it distinguishes clearly between wanted and unwanted migrants. Highly
skilled labour migrants are welcome, whereas other migrants are perceived as “burdensome” for
the welfare state, despite the fact that asylum seekers have no right to work in Germany. The
conservative parties make use of this situation in election campaigns and to block substantial
immigration reforms.
Critics of the German migration policy feel that key considerations for improving the protection
of certain immigrants such as vulnerable groups or people in need of special protection are being
neglected. The vulnerability of unauthorized immigrants has increased as a result of a predominantly
restrictive policy. Supporters of a more restrictive migration policy argue, on the other
hand, that the decrease in asylum applications is proof of successful migration management.
Expulsions, deportations and readmission agreements are important tools for the enforcement of
the German migration policy. To this effect, the Ministry of Interior has stated:
The effective execution of the obligation to leave the country is a cornerstone of a credible policy
on foreigners which seeks both to integrate foreigners living in our country permanently and
lawfully and to restrict further immigration from outside the European Union and the European
Economic Area. The Federation and the Federal Länder give priority to voluntary returns, which
are assisted in various ways. However, the tool of forced returns cannot be dispensed with
completely, but is used sparingly. 1
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
German law differentiates between (a) refugees, (b) EU citizens and EEA nationals and (c) thirdcountry
nationals. Therefore the residential status of aliens is regulated by different rules contained
in the following laws and decrees:
TABLE 1
IMMIGRATION AND ASYLUM LEGISLATION
Refugees EU Citizens and
EEA Nationals
• Article 16a of the Basic
Law
• Asylum Procedure Act
+ refugee determination
procedure
+ status during this
procedure
• Federal Statute on Entry
and Residence of
Nationals of the Member
States of the European
Economic Community –
freedom of movement of
EU citizens and EEA
nationals who are
gainfully employed
138
• Aliens Act
Third-country
Nationals
• Recruitment Stop
Exemption Decree