Internal Document Suggests Legal Basis for Asylum Seeker Rejections

The ongoing debate between the Social Democratic Party (SPD) and the Christian Democratic Union (CDU) concerning the treatment of asylum seekers at Germany's borders has taken a significant turn. Central to this dispute is the question of whether asylum seekers can be turned away at the border, a proposal championed by CDU leader Friedrich Merz.

Merz's stance advocates for the rejection of individuals without an entry permit, even if they express a desire to seek asylum. This position has been met with resistance from Chancellor Olaf Scholz and his Social Democratic colleagues, who argue that such actions would be illegal and contrary to European law.

However, a confidential document from the SPD-led Federal Ministry of the Interior, headed by Nancy Faeser, has surfaced, suggesting that the legal framework may indeed support such border rejections. This revelation comes from a report obtained exclusively by BILD, which indicates that legal experts within the ministry believe that the proposed rejections could be permissible under certain conditions.

The document, dated February 26, 2025, directly challenges the previous assertions made by the Chancellor's office. The Chancellor's office had recently stated that comprehensive border rejections would violate European legal standards. Contrarily, the internal memo from the Ministry of the Interior asserts that the European Commission recognized the applicability of Article 72 of the Treaty on the Functioning of the European Union in scenarios involving influxes orchestrated by third-party states.

This legal interpretation suggests that the government could potentially justify rejecting asylum seekers at the border, which raises fundamental questions about the current migration policies in Germany.

Prominent constitutional law expert Professor Daniel Thym from the University of Konstanz reviewed the document and acknowledged that while invoking the emergency clause may present challenges, it remains a feasible legal option. He emphasized that whether the government chooses to undertake such a legal risk is ultimately a political decision.

As discussions around migration policies continue, the SPD and CDU have paused their conflict until the commencement of formal coalition negotiations scheduled for Wednesday. During recent exploratory talks, both parties agreed on the necessity to coordinate with European neighbors regarding border rejections and to implement all lawful measures aimed at curbing irregular migration.

The implications of this internal document are profound, potentially reshaping the landscape of asylum policy in Germany and influencing the broader European discourse on migration control.