Chancellor Merz defends refugee pushbacks after court ruling

Despite the ruling by the Berlin Administrative Court, the German government intends to continue rejecting asylum seekers at the German border. Chancellor Friedrich Merz (CDU) spoke on Tuesday of a "provisional decision" by the court, which does not fundamentally question the procedure at the borders: "We know that we can continue to reject asylum seekers," Merz said. Federal Interior Minister Alexander Dobrindt (CSU) said that "currently" nothing will change in the practice of rejecting asylum seekers at the borders.

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The Berlin Administrative Court ruled in favor of three people from Somalia who had challenged their expulsion without the Dublin procedure. It declared the expulsions unlawful. However, the CDU/CSU and the opposition expressed very different views on the implications of this ruling on Tuesday. Chancellor Merz spoke of a ruling that "may further restrict the scope for maneuver here." But he added: "The scope for maneuver is still there." Interior Minister Dobrindt announced that he would seek a trial on the merits in order to better justify the rejections in court.

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The Greens sharply criticized this stance, arguing that the Berlin court's ruling was not subject to appeal. Green parliamentary group leader Hasselmann described the ruling as a "resounding slap in the face for Friedrich Merz and his national solo effort." The rejections "violated the law, and this cannot continue under any circumstances." Hasselmann called on the SPD to slow Dobrindt down.

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Criticism also came from the coalition partner, the SPD. During the election campaign, the CDU/CSU relied on "brisk rejection rhetoric," which now must stand the test of practical experience, SPD MP Ralf Stegner told Der Spiegel. "This may not be without a few political scars for Mr. Dobrindt, that's what happens," he said. The SPD is committed to humanity and compliance with the law in its asylum policy. 

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Initiating a "migration turnaround" with the goal of reducing migrant numbers was one of the CDU/CSU's core promises during the federal election campaign. In a speech at the local government congress of the German Association of Towns and Municipalities on Tuesday, Chancellor Merz reiterated the CDU/CSU's argument for curbing immigration: "We will do it, also to protect public safety and order in our country and to protect cities and municipalities from being overwhelmed." Fundamentally, it's about better protecting the EU's external borders, Merz said. "But until the situation at the external borders is significantly improved with the help of new European rules, we will have to maintain controls at the internal borders."

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Interior Minister Dobrindt criticized the court's decision on Tuesday. "We believe we are right," he said. "We maintain that the rejections will take place." He explicitly contradicted the court's argument that the federal government could not invoke the Dublin Regulation's non-applicability in the face of an emergency. "We will work to ensure that we provide sufficient justification," Dobrindt said. He considered it "conceivable that with appropriate justification, the decisions would be different." The "overburdening" of the country due to the influx of migrants was "recognizable and demonstrable."

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CDU parliamentary manager Steffen Bilger assured Dobrindt of "the full support of the parliamentary group." "It would not be right to throw out the coalition's agreed-upon migration policy because of this hasty decision," the CDU politician said. The German Police Union also backed Dobrindt. "Germany must decide who enters Germany; anything else is completely unacceptable," declared union leader Rainer Wendt. In the event that immediate rejection is not possible, the person concerned must be immediately taken into custody pending departure.

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The Left Party, on the other hand, called on the federal government to immediately stop the rejections. Now it will become clear "whether the Union respects the rule of law or tramples on it," explained the Left Party's domestic affairs expert, Clara Bünger. "Anyone who disregards applicable law in this way simply does not belong in government office."

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Berlin's emergency rulings on Monday referred only to the three Somalis who had filed a complaint and were turned away on May 9 while attempting to enter the country from Poland by train. However, the court made it clear that it generally considers rejections at border controls in such cases to be unlawful.