Fear of deportation is leading to sleepless nights for migrants across Germany following recent debates about immigration and the introduction of harsh new laws.
New anti-migrant laws and public debates have stoked deportation-related anxieties among migrants in Germany in recent weeks.
The 'Repatriation Improvement Act', which came into force in late February, makes it easier for authorities to deport migrants, while the country's move to a card-based system for asylum seeker payments would allow regional governments to dictate what migrants receiving social assistance can spend their money on.
The country has also recently signed new deals with origin countries to streamline the repatriation process as part of the government’s plan to make Germany less attractive to asylum seekers.
Meanwhile debates about racism have been building, creating an atmosphere of fear for many immigrants, who say they feel unwelcome or, worse, unsafe in the country.
In recent weeks, migrant advice centers say more and more people have contacted them, afraid they are at risk of being deported.
Some are concerned about the new deportation law, while others have expressed worries about another: the Chancenaufenthaltsrecht (Opportunity Residence Act), which stipulates that some young refugee students are required to have "tolerated status" for at least a year before they can apply for legal residence.
Sara Pfau, a social worker at SchlaU, a school for refugees in Munich, says the fear of being deported under this requirement can affect the students’ motivation to learn.
"They don’t know how long they will stay in Germany, and (whether) the police will come in the night. Many of our students cannot sleep at night because they are afraid that maybe the police will come and then, of course, they are tired all day," she says.
Some of the students would have no need to fear deportation, but they themselves do not understand their situation, according to Pfau, because they are given so little information.
Refugee councils have responded to the need for information about deportation by trying to explain who is and is not in danger.
A short information video by the Lower Saxony Refugee Council (Flüchtlingsrat Niedersachsen), explains that few people are at risk of imminent deportation.
The video addresses some frequently asked questions. We have included these questions, as well as information from the Bavarian Refugee Council, in the list below.
Please note this is not legal advice, nor is it comprehensive (it does not cover all situations or risk factors).
You cannot be deported if:
- You have a German passport, meaning if you already have German citizenship
- You have a valid residence or settlement permit or a valid visa
- You are in the asylum procedure and have a residence permit known as an "Aufenthaltsgestattung"
- You are doing a traineeship or apprenticeship and have a so-called "Ausbildungsduldung" under the German Residence Act (§60c). However, if you don’t have this "Ausbildungsduldung" you are not protected from deportation.
- You are employed and have a "Beschäftigungsduldung" – usually granted for 30 months
- You have a "Duldung" for legal reasons, such as inability to travel, family reasons, or school
- You are an unaccompanied minor. However, you may be at risk of having your deportation protection revoked when you turn 18. Once you become an adult, you may be at risk of deportation, and it is important to contact a lawyer or advice center.
- You are pregnant (6 weeks before birth and 8 weeks after birth). The immigration authorities must have proof of this (usually a document called a "maternity passport" (Mutterpass) or a note from a gynecologist). If you have a high-risk pregnancy, you can apply for a ban on deportation (Abschiebeverbot) even earlier than 6 weeks prior to birth.
What about family members?
If a family member’s asylum procedure is ongoing and they are automatically protected from deportation, then minor children, parents of minor children and spouses are generally not at risk of deportation.
You may be at risk of deportation if:
- Your asylum procedure has been decided negatively and you have received a "Duldung" (temporary suspension of deportation) or immigration authorities have given you a deadline to leave Germany. In this situation there may be other legal options for obtaining a right of residence in Germany. It is important to contact a Refugee Council or legal advisor quickly, because deadlines apply, for example, to file a lawsuit against a negative decision.
You may be at risk if your asylum application was rejected a long time ago and you have been living in Germany with "Duldung" status -- even if you are working and/or own your own flat. If you are in this category, you are encouraged to apply for a residence permit.
Even if you don’t have a passport or a birth certificate, you can still be deported to some countries which have reached agreements with the German government or the European Union.