Germany cancels the order regarding the possibility of entry for asylum seekers: decision of the new government

During the full-scale war in Ukraine, Germany remained one of the countries that consistently supported the Ukrainians. In the first months of the invasion, it accepted the largest number of refugees among the EU countries — more than 1 million Ukrainians received temporary protection, the right to work, access to medicine, education, and housing. The “open door” policy was perceived not only as a humanitarian response, but also as a demonstration of political solidarity. However, the situation began to change. Against the background of pan-European tensions over illegal migration, pressure on social systems and a political turn to the right, Berlin’s position has become tougher. Changes in rhetoric, approaches to border control, and principles of refugee reception are gradually shaping a new policy—less liberal, with an emphasis on restrictions.

What changes from a legal and practical point of view

Germany’s new government has announced the repeal of a 2015 order that allowed asylum seekers to enter the country even without formal border controls. The Minister of the Interior of Germany, Alexander Dobrindt, clarified that the current government is canceling the order passed by the previous composition of the Cabinet of Ministers, which allowed the entry of persons seeking asylum into the country. According to him, now such persons will turn around at the borders. About this informs DPA agency.

This is exactly the document that at one time opened the way for hundreds of thousands of people, including Ukrainians after 2022, to legally stay on the territory of Germany. The cancellation of this regulation has not only legal significance, but also a clear political message: Germany is changing its course on the issue of migration.

As the Minister of the Interior of Germany, Alexander Dobrindt, said, now asylum seekers will not be able to automatically cross the border and submit an application for protection already on the territory of the country. The new rules provide for return at the border if the person does not have the appropriate grounds or documents. This applies not only to persons arriving from so-called “safe countries”, but also to all those who try to enter without proper permits or legal grounds – even if they are formally entitled to international protection. Applying for asylum directly at the border will not guarantee access to Germany, as it did before.

The number of federal police officers carrying out border control will be doubled to 12 companies, i.e. several hundred people. They will be joined by mobile control and surveillance units that will patrol the border regions. Moreover, the duration of shifts has been changed: instead of the standard eight-hour shifts, there are 12-hour rotations. This indicates the readiness of the authorities to conduct permanent and enhanced control, and not a temporary operation.

The number of checkpoints, which currently number about 50, will be proportionally increased, and the forces already deployed will not be withdrawn, but on the contrary, new personnel will be added to them. Thus, the control will be carried out on an extended territory covering virtually the entire 4,000-kilometer line of German land borders.

What does this mean for Ukrainians?

Although the temporary protection status for Ukrainians (Ttemporary Protection Directive, §24 AufenthG status) remains valid, the situation becomes more sensitive under the conditions of the changed migration policy. Several aspects should be taken into account:

1. Newly arrived Ukrainians who are not yet registered in the EU may not gain access to Germany without a residence permit or proof of legal stay in another Schengen country.
2. Those who temporarily left Germany and return (for example, after a long stay in Ukraine) may be forced to confirm the fact of continuous status or risk crossing the border.
3. The introduction of mobile checkpoints means that even within the country or when traveling from other EU states (Poland, the Czech Republic, France), Ukrainians may face additional checks of documents, legal status, and proof of residence.

Although there will be no complete border closure, humanitarian grounds will no longer guarantee automatic admission, as was the case in 2022-2024.

We will remind, in the new political configuration, the German government has suspended participation in the refugee resettlement program under the auspices of the UN. This is another systemic step that demonstrates limitations not only in access to the territory, but also in the mechanisms of integration.

In previous years, within the framework of this program, the Federal Republic of Germany participated in the redistribution of refugees, providing legal routes for the most vulnerable categories – the sick, orphans, people who were in camps outside of Europe. Ending this practice is a clear signal of the priority of a national approach, rather than a multilateral settlement.

Why is this happening now?

The tough steps of the new government are not accidental. In Germany, there is a heated political debate about whether the country is coping with the burden on the system of housing, education, social benefits and internal security. And although Ukrainians make up only a part of the total flow, they were the symbol of “unimpeded” immigration in 2022-2023. Now this image is transformed.

The new Minister of the Interior, Alexander Dobrindt, who heads the strengthened wing of the CDU/CSU, does not hide his intention to change the balance between “humanitarianism” and “state control”. His statements about the mandatory return of illegal migrants, review of statuses and “stopping abuses” in the social sphere have already caused a reaction among human rights organizations. On the day he took office on May 7, he confirmed that the order to strengthen control had already been signed.

Therefore, Germany is entering a period of revision of its migration policy. What until recently was considered part of stable humanitarian support is gradually subordinated to the logic of “controlled presence”. For Ukrainians, this means a new reality: even if the protection status is valid, the right to stay in Germany is no longer unconditional, and entry is not automatic.

For those who are already here, it is important to confirm the status, comply with the conditions of stay, and avoid long breaks outside the country. For those who are just planning a trip, first of all, you should find out whether the conditions of temporary protection have not been violated, or whether the right to return is preserved. Germany’s new policy is a warning. It is not yet a turn to complete closure, but it is no longer the open model it was for Ukrainians in 2022-2023.