A prospect of staying? Differentiated access to integration for asylum seekers in Germany

Abstract

This paper investigates the normative permissibility of differential inclusion policies, taking Germany as a case study. In the face of mounting asylum applications, Germany introduced new administrative rules differentiating access to integration for asylum seekers. The paper normatively examines whether this practice is consistent with two conventional liberal concepts: special obligations grounding the moral commitments of the liberal state towards its own citizens and the principle of legal certainty grounding its moral commitments towards everyone under its jurisdiction, including asylum seekers. Combining these two usually separately employed perspectives, it argues that while differential inclusion is in principle consistent with these liberal principles, the crude criterion of the country of origin does not comply with both perspectives. The paper contributes to the debate on the ethics of immigration by scrutinizing this real-world instrument of differential inclusion from a political philosophy perspective.