The "Alternative for Germany" in Saxony-Anhalt promises in its program a "migration policy turnaround" and is considering measures in this regard. But two-thirds of them are not at all legally enforceable.
The topic "migration" is one of the leading ones in the program of the "Alternative for Germany" (AfD) in Saxony-Anhalt. The party directly links migration to crime and serious attacks. It insists on an end to "mass migration, which is alien to German culture" and proposes 50 measures, writes the ARD in its publication on the subject.
But two-thirds of them are not legally applicable, the publication specifies. The state of Saxony-Anhalt is not responsible for a third of them at all, and another 30 percent are illegal, violating German, European or international law.
They cannot refuse admission
For example, the AfD announces that the government will refuse to accept those who come from a safe third country or whose identity has not been proven. According to EU law, however, anyone seeking protection has the right to submit an asylum application at the border of a Community country, which must be examined. This is generally valid and does not depend on whether someone came to Germany via a safe third country.
In addition, each federal state must accept those seeking protection who are redistributed within the country. According to the current rules, Saxony-Anhalt must accept around 2.7 percent of asylum seekers, the German public media outlet reports.
The AfD also claims that there is a clause in German law that allows the right to asylum to be revoked - and "in exceptional cases" to stop admissions to Saxony-Anhalt.
But such a clause does not exist. Even the exceptional rules in international law and EU law do not allow the valid protection for refugees to be revoked in crisis situations.
Deportation agreements are not within the competence of the states.
It would also be unlawful to "turn off the tap on the money" for the accommodation and integration of refugees, which the AfD has also announced its intention to do. The governments of the German states are responsible for accommodation and integration according to German law and the decisions of German and European courts, the ARD reminds in this regard.
The emergency clauses planned by the AfD for the children of refugees also violate established norms. And the far-right party also claims that it will conclude deportation agreements with third countries. But the basic law states that the states can only conclude agreements with foreign countries in areas in which they have legislative powers. And issues related to deportation are within the competence of the state, i.e. Saxony-Anhalt cannot make decisions independently.
Some of the AfD's demands are misleading, the German public media notes. For example, the party was considering an offensive to deport those who are obliged to leave Germany, but it is silent about the fact that currently 80 percent of them have so-called. temporary residence permit. That is, they cannot be deported because they are sick, undocumented or in training.
Plans for "remigration"
"Remigration" is a main goal in the AfD program, and the party deliberately uses the term in two ways. According to the AfD, this means on the one hand that German qualified personnel should return to Germany, and on the other - the deportation of migrants on a large scale. Since the AfD perceives the so-called "people alien to German culture" as a socio-political problem.
The AfD can try to implement its demands for "remigration" with the means of the existing law for asylum seekers. For example, when granting citizenship, but also when deciding to grant permanent residence permits or deportations, the authorities in the individual provinces often have options when applying migration law, the ARD points out. A possible AfD regional government could take advantage of this - it could delay the granting of rights or simply ignore existing standards, for example in deportations. This must be challenged in each specific case, and it can take time for a court decision to be issued.
There are other rules that are formulated so generally that they can be abused. For example, the conditions for deportation, which state that "a foreigner whose stay endangers public security and order, the free democratic order or other important interests of the Federal Republic" can be deported. The purpose of this rule is that individuals who are a source of danger can be expelled. But it could also be used to expel migrants whose political, cultural or social commitment, for example against racism, does not correspond to the ideas of the AfD regional government.
As these examples show, there are certain rules in existing law with the help of which an AfD-led government can secure facts and actually implement its plans for "remigration", writes the ARD.
But the state can react – because the most important migration laws are those with a national scope, which must be implemented by the provinces. The state could, through regulations and general administrative instructions, give binding instructions on how the regional governments should implement the laws. And an AfD government would also have to adhere to this.