The German political context for return policy in the period 2015 to 2022 is, on the one hand, primarily characterised by continuity despite a change of government in 2021. On the other hand, it is a repetition of the migration policymaking and rhetoric of the first half of the 1990s. The persistent trend is for migration and return policymaking to be grounded in domestic factors, particularly the steady rise of right-wing populist political voices and political groups that rally against immigration. Political rhetoric portrays immigrants as burdens on the social welfare system, contributing to the prioritisation of deportation measures.
The German institutional framework for returns is highly complex due to multi-level governance with discretionary powers of the federal states and sub-national administrative actors (districts and municipalities) in the federal system. Decentralised enforcement by 16 states and their administrative bodies leads to challenges in uniform policy implementation. The Federal Ministry of the Interior plays a pivotal role in shaping return policies, with the Federal Office for Migration and Asylum (BAMF) serving as the operational entity. Return support services, such as counselling and financial assistance, exhibit variations across different federal states. Since 2015, the return governance framework has expanded to include intermediate coordination structures between the federal and state levels as well as inter-ministerial coordination at the federal level and between the state ministries of the interior. Moreover, in this multi-level governance setup, the authority and discretionary powers of judges in district and administrative courts are noteworthy, as well as of the individual 'decision-makers' of the third-level Foreigners Authorities, who bear a special responsibility to make well-informed decisions.
Decentralised legal provisions and implementation of (supra)national requirements by multiple actors result in varying outcomes for migrants, and internal contradictions in policy execution create challenges in ensuring compliance during implementation. The influence of the Court of Justice of the European Union (CJEU) case-law significantly shapes return policies, adding layers of complexity to the legal framework. It should be acknowledged that various actors, in particular some political parties, have played an outstanding role in documenting or requesting data on returns through their parliamentary authority.
Nevertheless, there are several specific challenges in the German return regime, including those related to the legislative, institutional, and international cooperation frameworks, as well as issues in data collection, enforcement, and political communication.
Author: Katja Mielke
