BEITRÄGE ZUR BEVÖLKERUNGSWISSENSCHAFT - SERIES ON POPULATION STUDIES Book series published by the Federal Institute for Population Research, Germany (Bundesinstitut für Bevölkerungsforschung) Volume 51 Andreas Ette Migration and Refugee Policies in Germany New European Limits of Control? Barbara Budrich Publishers Opladen • Berlin • Toronto 2017 All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of Barbara Budrich Publishers. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. You must not circulate this book in any other binding or cover and you must impose this same condition on any acquirer. A CIP catalogue record for this book is available from Die Deutsche Bibliothek (The German Library) © 2017 by Barbara Budrich Publishers, Opladen, Berlin & Toronto www.barbara-budrich.net This book is a slightly revised version of the author’s doctoral dissertation submitted to the Faculty of Sociology at Bielefeld University in January 2016 and publicly defended in November 2016. ISBN 978-3-8474-2083-5 eISBN 978-3-8474-1077-5 Das Werk einschließlich aller seiner Teile ist urheberrechtlich geschützt. Jede Verwertung außerhalb der engen Grenzen des Urheberrechtsgesetzes ist ohne Zustimmung des Verlages unzulässig und strafbar. Das gilt insbesondere für Vervielfältigungen, Übersetzungen, Mikroverfilmungen und die Einspeicherung und Verarbeitung in elektronischen Systemen. Die Deutsche Bibliothek – CIP-Einheitsaufnahme Ein Titeldatensatz für die Publikation ist bei der Deutschen Bibliothek erhältlich. Verlag Barbara Budrich Barbara Budrich Publishers Stauffenbergstr. 7. D-51379 Leverkusen Opladen, Germany 86 Delma Drive. Toronto, ON M8W 4P6 Canada www.barbara-budrich.net Picture credits/Titelbildnachweis: Laure Nicolas, Eyeem, Getty Images Jacket illustration/Umschlaggestaltung: Bettina Lehfeldt, Kleinmachnow, Germany – www.lehfeldtgraphic.de and BiB Editorship/Schriftleitung: Dr. Jasmin Passet-Wittig, BiB Typesetting/Satz: Dr. Andreas Ette and Sybille Steinmetz, BiB Preface The Series on Population Studies published by the Federal Institute for Population Research comprises new and innovative research in the broad field of population studies and related subjects. It is our pleasure to publish the dissertation of Andreas Ette in the current volume. In his work the author elaborates on the development of national migration and refugee policies in a politically integrating Europe. The recent ‘refugee crisis’ in Europe confirms the importance of coordinated action and regulation on the European level. The interplay of nation-states and the European Union in forming migration and refugee policies is highly relevant and the respective research particularly timely. The current study enhances our understanding of the political struggles the European Union and its member states are facing in handling the ‘refugee crisis’. It goes beyond a simplifying generalisation of ‘more’ or ‘less’ Europe and provides a differentiated description of the evolving patterns of Europeanisation. The analysis of the observed policy-making patterns discerns several relevant mechanisms of interaction between the European Union and its member states distinguishing four policy fields: asylum, irregular migration, labour migration and the migration-development nexus. In this work, Germany serves as an in-depth case study for the analysis of migration and refugee policy-making. As Germany is understood as a least likely case for the Europeanisation of migration and refugee policies, results of the study should be applicable to other member states as well. A qualitative approach is used, process tracing, making use of an extended range of empirical data and other sources of information. This volume addresses researchers, students and practitioners alike, interested in the ongoing debates on international migration in Europe. Thank is owed to Sybille Steinmetz for her thorough work in typesetting and formatting this manuscript. I wish all readers an informative and stimulating read. Wiesbaden, June 2017 Jasmin Passet-Wittig Acknowledgments In the last couple of years, this research project has been an important part of my life and I am pleased that I can thank numerous people who accompanied me on this journey. The first ideas for this project originated within the confines of the Collaborative Research Centre ‘Transformations of the State’ at the University of Bremen. Interested in the consequences of rule-setting processes beyond national borders and the increasing internationalisation of nation-states, the Centre provided the necessary context for a group of researchers to study the domestic repercussions of Europe’s developing immigration agenda. The resulting edited volume was clearly inspired by the – at that time – flourishing top-down conceptualisation of Europeanisation. Unsatisfied with the state of the art and the existing theoretical frameworks, this PhD project expanded in the following years with the aim of developing a more comprehensive framework to describe and explain the reconfig- urations of governing refugee and migration policies in today’s European Union. The project of writing this thesis profited enormously from regularly interacting and engaging on this topic with many colleagues and friends. Of greatest importance in this respect has been Thomas Faist. I had the chance to work with him during my first academic position in the Collaborative Research Centre and when the idea for this PhD project later on took shape, he provided necessary guideposts to steer which directions to choose and which dead ends to avoid. I appreciated in particular his support and pragmatic solutions for a research project that regularly had to juggle its own requirements, my professional commitments and family obligations. Similarly, I want to thank Andrew Geddes who I first got to know during a research stay in Sheffield and later regularly met at several academic gatherings. His enthusiasm for Europe’s migration policy and his interest in the specific empirical investigations of this PhD study provided additional and long-lasting support. Next to my supervisors, the research project profited enormously from meeting and working together with a number of colleagues. A summer school at the European Univer- sity Institute in Florence provided the chance to receive first intensive feedback from Georgia Mavrodi, Peter Scholten, Virginie Guiraudon, Sandra Lavenex and many other participants. During the summer of 2010 and under the welcome supervision of Rainer Bauböck, the EUI and its surroundings in Florence and Fiesole furthermore offered my family and me five intensive and memorable months. Different publication and research projects offered the opportunity to work closely together with Petra Bendel, Margit Fauser, Marianne Haase, Axel Kreienbrink and Roderick Parkes and to learn from their experiences and insights into Europe’s refugee and migration policy. Similarly, the Research Colloquium of the Bielefeld Graduate School in History and Sociology provided necessary intellectual and personal inputs from like-minded people. Several presentations particularly during the ECPR Graduate Student Conference in July 2012, as well as the UACES Annual Conference in September 2012 offered helpful criticism of early versions of the empirical case studies of this PhD, including particularly those of Arne Niemann, Christof Roos and Paul Statham. My professional affiliation with the Federal Institute for Population Research in Wiesbaden offered an in-depth understanding of the administrative logics behind individual policies. As a Federal departmental research institute it offered the necessary fami- liarity with the ministerial and political processes but also the distance from Berlin – not only geographical – to keep a critical eye on the developments in Germany’s refugee and 8 Migration and Refugee Policies in Germany migration policy. I thank all my recent and former colleagues but in particular Can Aybek, Sabine Diabaté, Jürgen Dorbritz, Robert Naderi, Kerstin Ruckdeschel, Lenore Sauer, Susanne Stedtfeld and Rainer Unger for their regular encouragement. The directors of the Institute and in particular Norbert Schneider provided the necessary flexibility and time off from the institute to concentrate on this additive research project. I also appreciate the support by Martin Bujard and Jasmin Passet-Wittig providing the opportunity for this publication as well as the experienced assistance by Sybille Steinmetz throughout the technical production process. Particularly I am indebted to my family and friends. My sister, my mother and my grandparents provided necessary drive and trust in this project. The friendships of Roger Dauer, Finn Heinrich, Jörn Oberheim and Reinhard Pollak helped to cross several cliffs and I am indebted to their constant intellectual and personal advice. Most intensively, I certainly shared the bright and shady sides of writing a PhD with my daughters Lotte and Insa and in particular with my wife Jennifer John. I am grateful for their patience with an – at times – grumpy father/husband and for all the support I received. I am looking forward to all the places we’ll now go together! Wiesbaden, April 2017 Andreas Ette Table of Contents List of Illustrations ..............................................................................................................