Germany’s incoming chancellor, Friedrich Merz, is set to implement tougher border control measures starting May 6. His future chief of staff, Thorsten Frei, confirmed that authorities will conduct more frequent identity checks and refuse entry to undocumented asylum seekers at key border points. These measures aim to limit irregular migration while enforcing stricter immigration policies. The new policy has sparked concerns over its alignment with both German and EU laws, particularly regarding the rights of asylum seekers.
Stronger Border Controls Coming to Germany
In an effort to address rising concerns over irregular migration, Germany will implement tougher border checks starting on May 6. As confirmed by Thorsten Frei, a close ally of Friedrich Merz, the plan is designed to stop illegal entry into the country and ensure better management of migration.
“Anyone who attempts to enter Germany illegally should expect to be stopped at the border,” Frei declared. He emphasized that the policy will go into effect immediately following Merz’s swearing-in. The coalition government, led by the Christian Democrats (CDU) and supported by the Social Democrats (SPD), is committed to tightening immigration rules and reducing irregular migration.
Legal Concerns Raised Over Pushbacks
The introduction of these new border control measures has raised legal concerns regarding Germany’s compliance with both German and EU law. Under the Refugee Convention and EU regulations, individuals seeking asylum must be allowed to submit their claims when they arrive at the border. The proposed policy, however, has sparked questions about its legal legitimacy, as it would essentially deny entry to asylum seekers.
Frei has argued that asylum seekers should be required to apply in the first EU country they enter, which, in most cases, is not Germany. This shift could create significant legal complications, particularly when it comes to Germany’s obligations under international and European law.
Internal Border Checks Spark Controversy
The reintroduction of internal border checks in September 2024 has already caused tension among EU member states. Poland, for instance, criticized the move as a potential threat to the Schengen Zone, which guarantees free movement across much of Europe. Austria also opposed the idea of automatic returns of migrants from Germany, arguing that such measures could create friction within the region.
Unclear EU Response to German Plans
The European Commission has not yet made an official statement on the new border measures proposed by the Merz administration. However, previous statements from Brussels have raised concerns over the legality of pushbacks, warning that such practices may violate EU law. The European Union has long urged its member states to ensure fair and consistent access to asylum for those in need.
Poland was previously given temporary permission to suspend asylum rules under certain conditions, such as national security threats from foreign governments. However, this exception does not apply to Germany’s current migration situation, leaving the country in a precarious legal position as it moves forward with the new measures.
Despite these potential challenges, Frei claims that Germany has coordinated its plans with neighboring countries, including France, Austria, and Poland. According to Frei, these nations have broadly supported Germany’s approach, though the practical implementation of these plans will likely encounter hurdles.
Balancing the Coalition Agreement
The new coalition government, consisting of the CDU/CSU and SPD, has promised not to introduce permanent entry bans or conduct round-the-clock border checks. Instead, the plan is to deny entry to asylum seekers who have already passed through another EU country.
However, the SPD has stressed that Germany must seek approval from its neighboring countries before enforcing such measures, in line with EU principles. In contrast, the CDU has argued that the country should be able to move forward with the changes without needing external consent. The disagreement within the coalition on this matter raises concerns about the government’s ability to maintain unity while respecting EU law.
The new border control measures are expected to have significant implications for Germany’s immigration policy and its relations with EU neighbors. While the intention behind these measures is to curb irregular migration, it remains to be seen how they will impact the country’s legal obligations, as well as the broader European framework for asylum and migration.
As the Merz administration pushes forward with these measures, it will be important to monitor the responses from both the European Union and Germany’s neighboring countries. The outcome of these discussions will shape the future of Germany’s immigration policy and its role within the EU, especially regarding the Schengen Zone and asylum rights.