The More Things Change … Developments in German Practices towards Asylum Seekers and Recognised Refugees

Abstract

In recent decades Germany has passed laws expanding the rights of existing labour migrants and formalising channels for new economic migration, heralding for many a turn in the country's approach to immigration. Is this gradual shift towards greater acceptance reflected in Germany's treatment of asylum seekers? The 2005 Immigration Act added new grounds for asylum, and has been cited to suggest an affirmative answer, and a 2014 Asylum Compromise expanded the rights of asylum seekers. More extensive analysis of refugee migration trends and recent attitudes and laws shows, however, that Germany has maintained a deterrent-based approach to asylum seekers and continued to increase restrictions. Laws have also weakened the boundary between recognised refugees and asylum seekers, long held in law and public opinion. Some restrictive policies are limited by domestic and EU court cases and local implementation. In a time of historically large refugee flows, Germany is actively developing new policies and practices to reduce the numbers of asylum seekers. The solution to resolving the challenge of asylum may, however, be outside the ability of any one country.