Revision of German Asylum Rules: Border Procedures and Systematic Directive for Secondary Migration Centers under EU Reform
28/02/2026
Germany Tightens Asylum Rules: Shift in Immigration Policy Under EU Reforms
On February 27, 2026, the German Bundestag passed two laws tightening asylum rules. The ruling coalition, consisting of the Christian Democratic Union/Christian Social Union (CDU/CSU) and the Social Democratic Party (SPD), pushed through the vote with its majority. The core of these two laws is the transposition of the 2024 European Union's reform package, the Common European Asylum System (CEAS), into German domestic law. German Interior Minister Alexander Dobrindt stated that this move aims to bring order to European migration policy. The new regulations establish stricter border procedures, restrict the freedom of movement for migrants, and expedite deportation processes. This is seen as a significant shift in the direction of European migration policy since the 2015 refugee crisis.
Reform Content: From Border Control to the Labor Market
The EU's GEAS reform, upon which Germany's legislation is based, represents the most comprehensive adjustment to the EU's asylum system to date. German law specifically implements it at the following levels:
The most crucial change is the introduction of border procedures. According to the new regulations, asylum seekers from countries with an average EU asylum recognition rate below 20% will have their applications processed directly at the EU's external borders (such as border facilities in Greece, Italy, and Spain) or at Germany's international airports and seaports. If an application is rejected under the accelerated procedure, the individual can be returned directly from these border points without entering the EU's interior. This effectively establishes a filtering mechanism at the periphery of the EU.
For immigrants already within the EU, the new law establishes secondary migration centers. Asylum seekers who have registered in other EU countries but subsequently entered Germany will be accommodated in these centers, with their freedom of movement strictly restricted—they may be allowed to leave during the day, or may even be completely prohibited from going out, until they are transferred to the first country of entry responsible for them. The bill also clarifies the possibility of detention during asylum procedures: authorities may detain individuals during identity verification or to prevent them from absconding. Under specific circumstances, this measure may also involve family members and children.
While tightening control, labor market access has been partially relaxed. Driven by the Social Democratic Party, the bill stipulates that asylum seekers residing in initial reception facilities will have their waiting period for work permits reduced from the current six months to three months (the three-month period already applied to those who have left the facilities). The Federal Employment Agency is authorized to make exceptions for residents of initial reception centers under certain circumstances. This adjustment reflects Germany's practical considerations in addressing population aging and labor shortages, attempting to strike a balance between controlling immigration scale and supplementing the labor force.
Political Response: From "Insufficient" to "Excessive"
The debate on the day of the parliamentary vote clearly revealed the divisions within German politics on the issue of immigration.
The ruling coalition stands united. In the debate, Interior Minister Dobrindt (CSU) stated that this move ends years of dysfunction in European immigration policy and sends a signal to the outside world that Europe's immigration policy has changed. SPD member of parliament Sebastian Fiedler emphasized that those in need of protection will be protected. Responding to criticism about children possibly being detained, he noted that it is only a rare exception when parents are detained.
Criticism from both the left and right wings has been particularly sharp. The far-right Alternative for Germany (AfD) argues that the reform is far from sufficient. AfD lawmaker Maximilian Krah dismissed the bill as mere posturing, claiming it cannot stop mass migration due to reliance on other EU countries. The AfD's stance reflects the hardline attitude of its core voters on immigration issues and highlights the policy limitations of the ruling coalition under pressure from right-wing populism.
Criticism from the left focuses on human rights and the rule of law. Green Party MP Lukas Benner described the reform as the most extensive tightening of asylum rights since 1993, accusing the ruling coalition of going too far. He particularly pointed out that restricting the freedom of movement for asylum seekers is highly problematic from a constitutional perspective. Left Party MP Clara Bünger offered even sharper criticism, arguing that the new law brings more chaos, suffering, and lawlessness rather than the order promised by the government, and condemning the government for treating refugees as criminals rather than people in need of protection. Amnesty International and the German refugee organization Pro Asyl have also warned that the reform could lead to fundamental human rights violations, turning detention from an exception into the norm.
Data and Reality: Multiple Driving Forces Behind Reforms
The driving forces behind this reform are not only political rhetoric but also changes in statistical data and the geopolitical landscape.
Data from the German Federal Office for Migration and Refugees shows that the number of people submitting asylum applications for the first time in Germany has been continuously declining since the autumn of 2023. In 2024, Germany received approximately 230,000 initial asylum applications; by 2025, this number dropped to around 113,000, a decrease of over 50%.
Analysts believe there are multiple reasons behind the decline. The enhanced controls implemented by Germany at its internal borders (such as the German-Austrian border) starting in 2025 have had a direct effect, preventing 739 illegal entry attempts within one week. Deeper geopolitical shifts are also at play: the power transition in Syria in December 2024 has, to some extent, altered the refugee outflow dynamics from the Middle East. The ongoing pressure on EU external border countries like Greece and Italy has also prompted core nations such as Germany to adopt more mandatory and unified rules to share responsibilities and avoid a recurrence of the disorder seen in 2015.
From a strategic perspective, this reform aims to replace the widely recognized as ineffective Dublin system. The old system stipulated that the first EU member state of entry was responsible for processing asylum applications, but a large number of migrants subsequently move to wealthier countries such as Germany, while efforts to return them to the first country of entry often fail. The new GEAS reform seeks to close loopholes through clearer rules on responsibilities and obligations, binding timelines, and an EU-level migration database. At the same time, it introduces a solidarity mechanism, allowing EU countries to voluntarily accept refugees who would otherwise be the responsibility of another member state, providing some buffer for frontline countries like Italy and Greece.
The Game of European Integration and Sovereignty Transfer
The essence of Germany's legislation this time is to transpose the EU-level common decision into domestic law. This is a routine procedure in the process of European integration, but in the highly sensitive field of immigration, which directly involves national sovereignty, its significance is extraordinary. It means that Germany—the largest economy in the EU and a country traditionally with relatively lenient asylum policies—has formally adopted a set of stricter EU common standards that lean more toward border control.
This reflects a hard-won consensus within the European Union: in the absence of a unified external border and a common immigration policy, the free movement within the Schengen Area will continue to face pressure. The German government's actions can be seen as a further transfer of national sovereignty (accepting unified EU rules) in exchange for more effective collective control over immigration flows, thereby preserving the long-term existence of the Schengen Area. When Interior Minister Dobrindt stated that Europe's immigration policy has changed, the underlying implication is that even a strong country like Germany needs to rely on the collective borders and rules of the EU to address global immigration challenges.
However, whether the new system can operate smoothly still faces challenges. The implementation of border procedures requires substantial resources and may lead to congestion in border areas and a deterioration of humanitarian conditions. The establishment and operation of secondary migration centers also involve complex legal, administrative, and financial issues. More importantly, the effectiveness and sincerity of EU member states in execution will determine the success or failure of the reform. Historical experience shows that even the most stringent EU regulations, if not consistently and strictly enforced by all member states, will have significantly reduced effectiveness.
The vote in the Berlin Bundestag is more than just the completion of a domestic legislative process. It has toppled the old, fragile balance and seeks to establish a new, more rigid boundary across the European continent. This boundary is both geographical and legal-policy in nature. Ultimately, it will shape Europe's social landscape, political ecosystem, and its self-positioning in a turbulent world over the next decade. The effectiveness will only be revealed by reality after the reform officially takes effect on June 12, 2026. However, one thing is certain: the era of the 2015 welcome culture has now completely become a thing of the past.