Germany’s Interior Minister, Nancy Faeser, announced the imposition of controls at all German borders to curb irregular migration into Germany and monitor the movement of foreigners in the country.

Faeser stated that these controls include all internal land borders to reduce irregular migration and protect internal security from current threats such as what she described as “Islamic terrorism and cross-border crime.”

During a press conference on Monday, September 9th, Faeser mentioned that the ministry had notified the European Union of the establishment of border controls at land borders with neighboring countries for six months, starting on September 16th.

The new controls mean that German police will conduct inspections and surveillance of individuals seeking to cross the borders into Germany.

Germany shares its borders with nine countries: Poland, Austria, France, Denmark, Czech Republic, Switzerland, Belgium, Luxembourg, and the Netherlands. Travel between these countries is usually smooth (they are all part of the Schengen Area).

Currently, entry is only denied at the German land borders in certain cases, such as if a person is subject to an entry ban, has not applied for asylum, or does not have documentation.

The Minister-President of the state of North Rhine-Westphalia, Hendrik Wüst, welcomed the additional controls, saying that as long as the European Union’s external borders are not protected, it must be possible to protect the internal borders.

Wüst, in whose state the latest Islamic State-claimed attack occurred, added, “It is our duty to take a closer look at who is coming in. It is not just about migration but also about internal security, terrorism, and organized crime.” He noted that open borders are part of freedom in Europe, but they are also part of protecting freedom and security.

In October 2023, Faeser announced similar measures at the borders with Poland, the Czech Republic, and Switzerland, and at the German-Austrian land border since September 2015.

Since October 2023, around 52,000 unauthorized entries into Germany have been detected during these inspections, and around 30,000 rejections were carried out, according to the Ministry of Interior.

What about asylum?

Faeser mentioned that the German Interior Ministry has developed a “model for effectively denying entry into Germany in a way that complies with European law.” However, it has sparked controversy due to its implications for the right to asylum and rejections at land borders.

Entry rejections between EU countries have long been considered taboo because they pose a significant humanitarian issue and could have far-reaching consequences for the European Union.

Currently, entry rejections at German land borders are only allowed in certain cases, such as if a person is subject to an entry ban or has not applied for asylum. However, people who wish to apply for asylum cannot be sent back without an asylum procedure, as is stipulated in the Dublin Agreement rules.

Supporters of the decision to reject entry into Germany rely on two legal options. The first is based on the fact that the Dublin rules are dysfunctional and not adhered to by other countries, allowing Germany not to comply either.

The second option involves the emergency rule. In principle, European law provides for the possibility to override community law in emergencies, according to European law expert Daniel Thym. However, he also notes that the European Court of Justice has always rejected member states’ requests to do so, as reported by Germany’s Deutschlandfunk radio.

If refugees are turned back at the borders, and European Union laws and practices are rejected, the decision could have “severe consequences.” Such actions could fundamentally undermine cooperation among EU countries in border security.

Imposing an emergency state and overriding EU law could lead other countries to follow suit in other matters, posing a threat to the European legal system.

Following assault incidents

Germany is witnessing a move by senior officials to increase deportations of foreigners and enforce laws and decisions to tighten asylum policies, especially following an assault incident in Solingen.

On August 23rd, a stabbing incident in Solingen, western Germany, resulted in the death of three people and the injury of eight. The Islamic State group claimed responsibility, and the perpetrator was Syrian.

In recent months, German authorities’ rhetoric has intensified regarding the possibility of returning asylum seekers who commit crimes to their home countries, even if they come from Syria or Afghanistan.

In June, the German Cabinet (federal government) approved a draft law allowing the expulsion of foreigners in case they endorse a “terrorist” crime on social media.

German media revealed a secret meeting between the far-right Alternative for Germany (AfD) and a far-right Austrian party in Potsdam, Germany, on November 25th, 2023, discussing plans to expel foreigners or individuals with foreign origins who have been naturalized.

Germany has a population of about 82 million, with approximately 13.9 million foreigners according to statistics until December 2023. The number of Syrians in Germany is estimated at around 972,000 by the end of 2023, according to Germany’s Federal Statistical Office.