Between Illegalization, Toleration, and Recognition: Contested Asylum and Deportation Policies in Germany

Abstract

During the 1980–1990s, a repressive consensus regarding asylum emerged, resulting in the 1992–1993 reform of Germany’s asylum laws. Since this time, Germany has been characterized by a relatively strict migration and asylum policy. Despite a shift towards liberal migration management in the late 1990s and the early 2000s, restrictive positions remained influential. At the same time, migrant self-organization and pro-migrant mobilization have been a constant feature of “immigration country” Germany. This time has furthermore been marked by an increasing Europeanization of policies on asylum and deportation. As a consequence, Germany’s migration policy is highly ambivalent, oscillating between restrictive asylum regulations and increased opportunities to stay; this in turn creates a complex context for protests, both for and against (rejected) asylum seekers. The aim of this article is to contextualize contentions over asylum and deportation. Besides policy developments in the field, we expand on decision-making authority over asylum, deportation, and stay as specific points of reference for protests. Finally, we sketch the broader protest culture. The article is based on a review of literature as well as (policy) documents, campaign materials, and statistics.