Migration, Integration, Asylum in Germany 2019 Political and Legal Developments Annual Policy Report by the German National Contact Point for the European Migration Network (EMN) Forschung Funded by the European Union’s Asylum, Migration and Integration Fund Migration, Integration, Asylum in Germany 2019 Political and Legal Developments Annual Policy Report by the German National Contact Point for the European Migration Network (EMN) Federal Office for Migration and Refugees 2020 The European Migration Network 5 The European Migration Network The European Migration Network (EMN) was launched In general, the National Contact Points do not conduct by the European Commission in 2003 on behalf of primary research but collect, analyse and present ex­ the European Council in order to satisfy the need of a isting data. Exceptions might occur when existing data regular exchange of reliable information in the field and information are not sufficient. EMN studies are of migration and asylum at the European level. Since elaborated in accordance with uniform specifications 2008, Council Decision 2008/381/EC forms the legal valid for all EU Member States plus Norway in order basis of the EMN and National Contact Points have to achieve comparable EU­wide results. Furthermore, been established in the EU Member States (with the the EMN has produced a Glossary, which ensures the exception of Denmark, which has observer status) application of comparable terms and definitions in all plus Norway. national reports and is available on the national and international EMN websites. The EMN’s role is to meet the information needs of European Union institutions, Member States’ authorities Upon completion of national reports, the European and institutions as well as the wider public by provi­ Commission drafts a Synthesis Report. This report ding up­to­date, objective, reliable and comparable summarises the most significant results of the indi­ information on migration and asylum, with a view to vidual national reports and thus allows an overview supporting policymaking in these areas. The National at the European level. In addition, topic­based policy Contact Point for Germany is located at the Federal briefs, so­called EMN Informs, are produced in order Office for Migration and Refugees in Nuremberg. Its to present and compare selected topics in a concise main task is to implement the annual work programme manner. The EMN Bulletin, which is published quarterly, of the EMN. This includes the drafting of the annual informs about current developments in the EU and policy report “Migration, Integration, Asylum” and of the Member States. With the work programme of 2014, up to four topic specific studies, answering Ad­Hoc the Return Expert Group (REG) was created to address Queries launched by other National Contact Points issues around voluntary return, reintegration and or the European Commission. The German National forced return. Contact Point also carries out visibility activities and networking in several forums, e.g. through the organisa­ All EMN publications are available on the website of tion of conferences or the participation in conferences the European Commission Directorate­General for in Germany and abroad. Furthermore, the National Migration and Home Affairs. The national studies of the Contact Points in each country set up national networks German National Contact Point as well as the synthesis consisting of organisations, institutions and individuals reports, Informs and the Glossary are also available on working in the field of migration and asylum. the national website: www.emn­germany.de 6 Summary Summary This Policy Report 2019 provides an overview of the the law removed two major obstacles to skilled labour most important policy discussions as well as political, immigration to Germany: the priority check and the legal and institutional developments of the year 2019 Federal Employment Agency’s positive list. in the area of migration, integration and asylum in Germany. It examines changes in the general structure As in previous years, in 2019 forced migration to of the political system, for example through elections Germany was characterised by declining numbers of and institutional establishments and further develop­ asylum applications and comprised 165 938 initial ments. In addition, the topics of legal migration, inter­ and subsequent asylum applications. During the same national protection and asylum, unaccompanied minors period, around 184 000 decisions were made on initial and other vulnerable persons, integration and anti­ and subsequent applications, with an overall protection discrimination, nationality and statelessness, border rate of 38.2% (2018: 35.0%). In addition, several mea­ controls and visa policies, irregular migration and sures to control and order refugee migration came into smuggling, return, trafficking in human beings as well force in 2019 with the Act to Remove the Time­Limit as migration and development are addressed. of the Integration Act (German: Gesetz zur Entfristung des Integrationsgesetzes), the Second Data Sharing In 2019, there were several major political and legal Improvement Act (German: Zweite Datenaustausch­ developments (Chapter 2) in the areas of migration, ver besserungs gesetz), the Second Act to Improve the integration and asylum. With the migration package Enforcement of the Obligation to Leave the Country for ‘organising, managing and limiting migration’, the German: Zweite Gesetz zur besseren Durchsetzung der Federal Government implemented several legislative Ausreisepflicht) and the Third Act on the Amendment initiatives from the coalition agreement. In addition, of the Act on Benefits for Asylum Seekers (German: the public and political debate in Germany focused Dritte Gesetz zur Änderung des Asylbewerberleistungs ­ on the increasing danger of right­wing extremism and gesetzes). anti­Semitism. At the European level, among other things, the elections to the European Parliament and In 2019, 4 886 provisional and 3 761 regular custodial the inauguration of the new President of the European placements of unaccompanied minors took place by Commission, Ursula von der Leyen, who resumed the youth welfare offices in Germany, corresponding the project to further develop European asylum and to a decrease of 23.6% and 35.3%, respectively (2018: migration policy, were influential. Furthermore, the 6 394 provisional and 5 817 regular custodial place­ debate on the sea rescue of refugees and migrants in ments). 2 689 unaccompanied minors applied for asylum the Mediterranean Sea and the subsequent distribution in 2019 and the protection rate for unaccompanied among the EU Member States was important. In this minors dropped to 47% compared to a protection rate context, in September 2019, the countries Germany, of 59% in 2018. The Second Data Sharing Improve­ France, Italy and Malta signed a temporary emergency ment Act laid the legal foundation for better registra­ mechanism for the reception of persons rescued from tion of minors. Thus, from 1 April 2021, fingerprints distress at sea, the so­called Malta agreement. will be taken already from the age of six and not only from the age of 14. Labour­related migration and other legal immigration took place against the backdrop of robust macro­ In the area of integration, 176 445 people started an economic development, accompanied by an increase integration course in 2019. Around 648 million euros in the number of persons in employment subject to from the federal budget were spent on the implemen­ social security contributions, with foreign workers tation of integration courses in 2019. The groups most accounting for more than half of all new employment. frequently represented among the course participants Thus, the number of highly qualified third­country were nationals from Syria, Romania and Turkey. There nationals with an EU Blue Card also increased from were 180 989 admissions to a vocational language course 27 241 in 2018 by 14.6% to 31 220. Furthermore, in (2018: 165 876). In the framework of the migra tion June 2019, the Skilled Labour Immigration Act (German: package, laws to facilitate integration were passed: the Fachkräfteeinwanderungsgesetz) was passed, which Aliens Employment Promotion Act (German: Ausländer­ came into force on 1 March 2020. Among other things, beschäftigungsförderungsgesetz), the ‘Third Act on the Summary 7 Amendment of the Act on Benefits for Asylum Seekers’ the German Armed Forces ended their involvement in (German: Dritte Gesetz zur Änderung des Asylbewer­ the EUNAVFOR MED Operation SOPHIA. ber leistungsgesetzes‘) the ‘Act on the Suspension of Removal for Vocational Training and Employment’ In the area of returns, in 2019, as in the previous year, (German: Gesetz über Duldung bei Ausbildung und the number of removals exceeded the number of Beschäftigung) and the ‘Act to Remove the Time­Limit voluntary departures supported by the REAG/GARP of the Integration Act’. In the area of discrimination, programme. Thus, 13 053 persons left with REAG/ there was an increase in offences against refugees, their GARP support, while 22 097 removals were carried out, accommodation and aid organisations with 1 872 of which at least 8 423 were Dublin transfers. In registered offences (2018: 1 775). The year was marked addition, the ‘Second Act to Improve the Enforcement by a growing awareness of the threat of right­wing of the Obligation to Leave the Country’ made several extremism and anti­Semitism. In particular, the right­ legal