Expulsion in danger: the SPD wants a repatriation jurisdiction for Seehofer

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N After the controversial deportation of Tunisian Islamist Sami A., the SPD is calling for stronger commitment from the federal government. Burkhard Lischka, SPD spokesperson in the Bundestag, told WELT: "On the basis of paragraph 58, Mr Seehofer should take responsibility for the approximately 100 exiles who have to leave the country after consultation with the Länder, so we would have circumstances and clear responsibilities. "

In addition, the "federal government is significantly more dependent than individual states when it is necessary to rapidly reconcile agreements with the countries of origin"

In paragraph 58, it is stated that the Federal Ministry of the Interior could "take responsibility to explain, where there is has a particular interest of the federation. "According to the law, this particular interest exists in the case of persons in danger – ie persons whom the authorities believe to be capable of a terrorist attack" on the based on a factual forecast. "

SPD Interior politician Lars Castellucci also told WELT:" If the Federal Minister of the Interior cares so much about deportation Islamist writers, he can take that in hand. For this we do not even need a change of law because Article 58a of the law on residence is sufficient

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The danger for Islamists

The Greens consider that other skills are essential. "For the country's jurisdiction, obstacles to deportation can be examined in the context of an appropriate procedure," said Irene Mihalic, spokeswoman for the Greens. Incidentally, the federal government still has a lot to do if it wants to fully fulfill its already existing tasks in acquiring pbadports and concluding constitutional readmission agreements. "

In the case of author Sami A., the federal government apparently could not receive individual diplomatic badurances from the Tunisian side that the Islamist would not be tortured after returning home. therefore, the Gelsenkirchen Administrative Court had banned his deportation, but was completed shortly before the court order was issued on Friday.

Green politician Mihalic said: "Legally impossible to expel, if torture threat, the Federal Ministry of the Interior, It emerges that while no diplomatic engagement on the part of Tunisia towards Sami A. has been given despite all the requests and all the votes in this particular case. Apart from the special problems of repatriation of the perpetrators, the number of deportations is decreasing this year. By the end of May, about 11,100 fewer foreigners had been deported compared to the same period of the previous year, according to an badessment by the federal police. Already in 2017, the deportations were slightly lower than those of 2016.

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For the CDU, the interior politician Wolfgang Bosbach can do it A guided debate on federal powers in the matter of expulsions does not provide decisive solutions: "Deportations generally fail not for lack of". federal authority, but for a variety of reasons that have nothing to do with the division of powers between the federal government and the countries. Above all, it is always "the political will that the demand for asylum at the border replaces the usual entry conditions". Since thousands of people arrive each month without a pbadport or visa, in many cases their true identity and true nationality are not known unequivocally. Without a clarified identity, deportation is very difficult.

"Even with medical certificates before deportation, asylum at the church or immersion, nothing changes with more federal jurisdiction," Bosbach said. "And as soon as a migrant at home threatens the death penalty or torture, it is legally an obstacle to deportation". For this reason, the administrative judges banned the deportation of the Tunisian author Sami A.