Illegal Immigration and Deportation in Germany: A Detailed Overview

Yes, Germany does deport illegal immigrants under specific circumstances. The German government enforces immigration laws and has procedures in place for the deportation of individuals who are staying in the country without valid permission. Below are some key facts and information about how and why Germany deports illegal immigrants:

1. Grounds for Deportation

Germany can deport individuals who:

• Do not have a valid visa or residence permit.
• Overstay their allowed time in the country (such as tourists or temporary workers who remain after their visa expires).
• Have been denied asylum or refugee status and exhausted their appeals.
• Have committed crimes or violated the law.
• Pose a risk to national security or public order.
• Entered Germany illegally (without border control, crossing the border unlawfully).

2. Deportation Process

The deportation process in Germany typically follows these steps:

• Notification: Once the authorities determine that someone is in Germany illegally, the individual will be notified of their potential deportation.
• Deportation Order: The immigration authorities issue a deportation order (Abschiebebescheid). In this case, the individual is given a period of time to leave voluntarily.
• Appeal Rights: If the individual chooses not to leave voluntarily, they may have the right to appeal the deportation order before the Administrative Court.
• Voluntary Departure: Many people are encouraged to leave voluntarily to avoid being detained and deported forcefully.
• Enforced Deportation: If the individual does not leave voluntarily, Germany can carry out forced deportation. This involves detaining the person until their departure and organizing a flight back to their home country.

3. Detention Before Deportation

• Immigrants who face deportation may be held in detention centers while waiting for their deportation to take place. This detention is intended to ensure that they do not abscond before the deportation is carried out.
• Detention can last up to 18 months in some cases, but the length can vary depending on the circumstances.

4. Deportation of Refugees and Asylum Seekers

Germany has specific regulations for the deportation of asylum seekers and refugees:

• If a person’s asylum application is rejected, they may be deported unless they can provide new evidence or circumstances that warrant a review.
• Individuals whose asylum status is deemed fraudulent or who are found to have made false claims are at risk of deportation.
• Refugees from certain countries or those who have already received asylum in another EU country may be deported back to the responsible country under the Dublin Regulation.

5. Deportation Orders and Deportation Ban

• A deportation order is not always immediate, and an individual may be given a chance to leave the country voluntarily.
• Individuals who are deported from Germany may face a deportation ban, meaning they may be banned from entering the country for a specified period (usually 5 to 10 years).

6. Countries with High Deportation Rates from Germany

• Countries of origin where illegal immigrants are often deported from Germany include: Albania, Kosovo, Serbia, and other non-EU countries.
• In the case of deporting individuals from EU member states, the process is often more streamlined due to the free movement of people within the EU.

7. Humanitarian Considerations

• Germany does take into account humanitarian reasons before deporting individuals. For example, individuals who can prove they will face danger or torture upon returning to their home country may be granted temporary protection or refugee status.
• Germany also assesses whether a person has family ties in the country or if deportation would cause significant hardship to children, spouses, or other dependents who are legally residing in the country.

8. Deportation Challenges

• Deportation can be challenging, especially if the individual’s home country refuses to accept the deportation. In such cases, Germany may seek assistance from international agencies or the individual may be held in detention longer until the deportation is possible.
• If the individual’s home country cannot be determined (stateless persons), the deportation process can be delayed or complicated.

9. Legal Aid and Protection Against Deportation

• Individuals facing deportation can seek legal assistance from lawyers, NGOs, or support organizations. In certain cases, the German court system can intervene and delay deportation if there are grounds for legal challenges.
• There are also legal provisions for individuals to apply for asylum or make an appeal during the deportation process.

10. The Role of EU Regulations

• Germany is part of the European Union, so deportation laws are also governed by EU laws. The Dublin Regulation allows for the deportation of asylum seekers to the first EU country they entered if they are found to have applied for asylum elsewhere.
• Schengen Area rules also allow for deportations between EU member states.

Frequently Asked Questions (FAQ) - Deportation of Illegal Immigrants in Germany

1. Can Germany deport illegal immigrants?

Yes, Germany can deport individuals who are in the country without legal permission. This includes people who have overstayed their visas, have been denied asylum, or entered the country illegally.

2. What are the reasons for deportation in Germany?

Deportation can occur for various reasons, including:

• Illegal entry into Germany.
• Overstaying a visa or residence permit.
• Being denied asylum or refugee status.
• Criminal activity or violation of German laws.
• Security risks to the country or public order.

3. How does the deportation process work in Germany?

The deportation process typically involves:

• Issuance of a deportation order (Abschiebebescheid).
• Notification of the decision to the individual.
• An opportunity to appeal the deportation order in court.
• If voluntary departure is not chosen, enforced deportation can take place, which may involve detention until deportation is completed.

4. Can I appeal a deportation order in Germany?

Yes, individuals have the right to appeal a deportation order. This appeal can be made in court, and it can delay the deportation while the case is under review.

5. How long can someone be detained before deportation?

In some cases, individuals awaiting deportation may be held in detention centre's. The detention can last up to 18 months in certain circumstances. However, this duration can vary depending on the individual’s case.

6. Can I be deported if I have family in Germany?

Having family in Germany does not automatically prevent deportation, but it can be considered as part of the individual’s case. If you are married to a German citizen or have children who are legal residents, this could be a factor in delaying or reconsidering deportation.

7. What happens if I don’t leave Germany voluntarily?

If you do not leave Germany voluntarily after being issued a deportation order, forced deportation can be carried out. This may involve detention until deportation, and you may be escorted to your home country under police supervision.

8. What countries do Germany deport people to?

Germany typically deports individuals to their home countries, such as Albania, Kosovo, Serbia, and other non-EU nations. Deportation of individuals from EU member states is also regulated under EU laws and the Dublin Regulation.

9. Can Germany deport someone if they face danger in their home country?

Germany is required to consider the humanitarian aspect of each case. If an individual can demonstrate they will face danger, persecution, or torture upon returning to their home country, deportation may be delayed or prevented. This is why asylum seekers and refugees are given protection in many cases.

10. Can I get help if I’m facing deportation in Germany?

Yes, you can seek help from legal aid organizations, lawyers, or NGOs that specialize in immigration law. They can help you understand your rights and provide support if you want to challenge the deportation order.

11. Can I apply for asylum while awaiting deportation in Germany?

Yes, if you are facing deportation, you can apply for asylum or claim new grounds for protection. This may delay deportation while your claim is reviewed.

12. How long does the deportation process take in Germany?

The deportation process can vary depending on the individual’s case. It can take from a few weeks to several months or even longer, especially if there are appeals or complications regarding the country of origin.

13. Can I lose my deportation status once I’ve been deported?

If you have been deported from Germany, you can face a deportation ban, which could prevent you from re-entering the country for a period of time, typically 5 to 10 years.

14. Does Germany deport illegal immigrants immediately?

No, illegal immigrants are typically given time to leave the country voluntarily before deportation. However, if they do not leave voluntarily, deportation can be enforced.

15. What happens if the country refuses to accept the deportee?

If the individual’s home country refuses to accept the deportation, Germany may face difficulties carrying out the deportation. In such cases, deportation can be delayed, and the person may remain in detention until the deportation becomes possible.

16. Are there any protections against deportation in Germany?

Yes, there are certain protections for vulnerable individuals facing deportation, such as:

• Asylum seekers or individuals with claims for international protection.
• Those at risk of torture or persecution upon returning to their home country.
• Individuals who have strong family ties in Germany or have lived there for a long period.