The Repatriation Improvement Act came into force on February 27, after the upper house of parliament passed the controversial bill – with amendments – at the start of the month.

The government says the law (Rückführungsverbesserungsgesetz) will limit irregular migration by speeding up repatriations and deportations of those who have no right to remain in Germany.

It is particularly aimed at tightening and enforcing deportation rules for people who have been convicted of a criminal offense or have been proven to be a member of a criminal organization.

But it also gives authorities greater powers in respect of asylum seekers who have not committed any offenses, extending the amount of time they can be detained and allowing police to search their accommodation and smartphones.

Also read: German lawmakers pass bill seeking faster deportations

What has changed?

Under the new law a person can be placed in deportation detention for violating bans on entry and residence. Authorities now have the power to enforce orders to live at a specified address and other movement restrictions.

Faster deportations

• It has become easier for authorities to remove foreign nationals sentenced to more than one year in prison. As well as harsher sentences for those convicted of people smuggling offenses, the process for deporting people smugglers has also been sped up.
• People who belong to a criminal association can be deported even if they have not committed a specific offense.
• Authorities no longer have to give a month's notice of deportation, except for families with children under 12. Deportations can now take place more easily at night and with less or no warning.

Longer periods of detention

• For asylum seekers, permitted detention periods have been extended: the maximum period of immigration detention at an airport or in an asylum seeker center has been extended from 10 to 28 days, while individuals can now be held in pre-deportation detention for up to six, rather than three months, giving the authorities more time to prepare deportations.

Increased search powers

• Police are permitted to search asylum seekers' homes for documents, computers and phones "where there is a need to positively identify an individual" (eg, to establish their home country).
• In shared accommodation, authorities can now enter other rooms to search for the person due to be deported.

Extended residence permits

• For those in an asylum procedure, residence permits are now valid for six months, instead of three. For their families, permits are extended from one year to three years.

Lower benefits

• The period during which asylum seekers receive a lower level of benefits – according to the Asylum Seekers' Benefits Act – has been increased from 18 months to three years.

Also read: Deporting more migrants is not the answer, says rights group

Which parts were 'watered down'?

Some of the changes, including the extended period of reduced benefits, followed intense debate on the government's bill in the lower house of parliament.

One amendment to the original draft law was welcomed by refugee advocates like the organization Pro Asyl, which called it the "only silver lining", while others called the result a "watering down": This is the provision that everyone in pre-deportation detention has a right to free legal representation and must be appointed a lawyer.

Other important provisions, some of which were "concessions" agreed during parliamentary debates, are:

• Children and families with children are not to be held in detention "as a rule," unless they are "dangerous" or young offenders.
• Foreign nationals living in reception centers can take up employment after six instead of after nine months.
• The period of full employment required for "tolerated" status has been decreased from 18 to 12 months, with the minimum hours reduced from 35 to 20 hours per week. 
• The date for eligibility for obtaining "tolerated" status for employees is changed from August 1, 2018 to the end of 2022 to enable more individuals to benefit from this option. 

Also read: Where Germany stands on refugees and asylum

The status of sea rescue

One of the most controversial aspects of the draft law relates to the prospect that people helping migrants – such as sea rescue organizations in the Mediterranean – were at risk of facing criminal prosecution, which would have prevented them from continuing their activities.

This is because previously, the definition of a smuggler was someone who made a profit by assisting a person to enter Germany, or the Schengen visa-free area. The new law removes the profit condition, making anyone helping migrants to cross a European external border liable – even those doing it free of charge and with a humanitarian motive.

"In concrete terms, this means that I and my colleagues could go to prison for up to 10 years," said SOS Humanity's Marie Michel.

After amendments, liability was restricted to assistance to people entering "by land", and the government has reiterated that "the rescue of shipwrecked persons will not be made punishable."

But because of a loophole, German lawyers say those rescuing migrants at sea could still be prosecuted if the shipwrecked migrants are not adults, but unaccompanied minors.

Critics warn of dangers

This risk of criminalization is just one aspect of the new law causing concern among refugee and asylum rights advocates.

Pro Asyl is worried that the law will lead to more cases of self-harm and suicide attempts among people facing deportation.

According to the group, at least 443 deaths have been recorded during deportations from Germany in the past 30 years.

Most recently, in October 2023, a man from Nigeria jumped to his death during his planned deportation.

Pro Asyl also says the law goes against the government's initial pledge to focus on improving Germany's immigration system. It points to the coalition's plans to give beneficiaries of protection with subsidiary protection equal status with refugees, and to allow younger siblings, as well as parents, to join child refugees in Germany, neither of which has been put into effect.

Also read: Germany simplifies naturalization process

Fewer arrivals

Meanwhile, Mediendienst Integration, an information platform on migration, points out that the new law comes amid a period of lower deportation orders being issued in Germany.

In 2023, the number of people in Germany required to leave the country fell by more than 20% for the first time since 2015, down to fewer than 242,600 people.