No More Foreigners? The Remaking of German Naturalization and Citizenship Law, 1990–2000

Abstract

Since the beginning of the 1990s, Germany has been taking controversial policy measures that had been quite unimaginable, even in the 1980s. On the one hand, regulations for asylum seekers and ethnic Germans have gradually become restrictive in nature. On the other hand, changes to the Citizenship and Nationality Law of 1913 (Reichs und Staatsangehorigkeitsgesetz) and the Alien Act of 1965 (Auslandergesetz) have dramatically altered the naturalization process. Before the passage of the new German citizenship law in 1999, the acquisition of citizenship in Germany was solely based on the principle of descent (jus sanguinis). This paper attempts to explain why German government altered its citizenship policy and introduced birthright citizenship. It reviews the post-war contextual factors that have shaped the debate on citizenship and asks whether it is external or internal factors, that is international-level norms and institutions or domestic politics, that led to the change. If domestic politics can fully explain the adoption of the new citizenship law, what domestic forces played an important role? Was state action taken in the name of protecting “the national interest” or was it party politics? What role did societal forces play in the making of new citizenship policy? Did the act seek to mitigate anti-foreigner sentiment growing in Germany since the 1990s? Using archival and documentary research and secondary data on socio-economic and demographic trends in Germany, this paper concludes that domestic politics explain the changes in the citizenship law. I argue that granting and withholding national citizenship, including birthright citizenship, is exclusively in the hands of a nation state. Considering a purely ethnocultural understanding of nation-hood now includes legal and territorial components, the new German citizenship law is a major reform at the both theoretical and conceptual level. However, the practical consequences of the new naturalization process remain to be seen. The main question for the future research agenda is whether the new naturalization and citizenship laws will bring full integration of foreigners living in German society.