Germany is set to abolish the automatic right to legal representation for rejected asylum seekers in a controversial bid to accelerate deportations, as Chancellor Friedrich Merz implements sweeping immigration reforms following deadly terror attacks.
The Christian Democratic Union (CDU) leader will scrap a rule that guarantees legal support to asylum seekers awaiting deportation, even after they have exhausted all appeals. The move marks a dramatic shift in Germany’s migration policy as the nation grapples with security concerns and political pressure from the far-right.
Senior CDU MP told The Telegraph that the current law, introduced by a previous government, has become mired in red tape and is being exploited to delay deportations. “We want the rate of deportations to increase, but many deportations fail due to people going into hiding or due to various legal and practical obstacles,” the party source explained.
Controversial Legal Changes Spark Human Rights Concerns
The proposed legislation has ignited fierce debate across Germany, with refugee rights groups and legal experts warning of potential violations of asylum seekers‘ fundamental rights. Pro Asyl, Germany’s leading refugee advocacy organisation, condemned the proposal as undemocratic and “constitutionally questionable.”
Migration lawyer Peter Fahlbusch warned of the dangerous consequences of removing legal safeguards. “I have supported over 2,600 clients in detention pending deportation and more than half were unlawfully detained, at least partially,” he told German news outlet TAZ.
“On average, they were wrongfully detained for just under four weeks. This shows how necessary lawyers are for these people,” Fahlbusch added, describing the proposal as “pure populism.”
Germany’s interior ministry defended the plans, claiming the changes would remove “obstacles which keep us from preventing illegal migration.” The ministry stated: “Such mandatory legal representation, which was introduced under the previous government, was an attempt to prevent people who were required to leave the country from being deported.”
Terror Attacks Drive Political Urgency
The reforms come in direct response to three deadly terror attacks over the past year, all committed by rejected asylum seekers from Syria and Afghanistan. The attacks in Solingen, Aschaffenburg, and Munich have intensified public debate about migration and security.
The Solingen attack proved particularly shocking, as 26-year-old Syrian Issa al-Hassan targeted a music festival celebrating diversity. Hassan, who “deserves and expects a life sentence” after pleading guilty in May to the murders, had evaded deportation because he absconded from his asylum shelter.
In January’s Aschaffenburg attack, a 28-year-old Afghan with a history of psychiatric problems and violence killed a two-year-old boy and an adult man. The suspect had been scheduled for deportation and had agreed to leave Germany voluntarily over a month before the attack.
Broader Migration Crackdown Package
The legal rights removal forms part of an extensive migration reform package approved by Merz’s cabinet in June 2025. The comprehensive measures include permanent border controls, fast-tracked deportations, and stricter entry requirements.
Under the new rules, Germany will implement a “de facto entry ban” for all people without valid documents and maintain permanent controls at all of Germany’s borders. The government also plans to detain asylum seekers ordered to leave who pose security threats and establish daily deportation flights, including regular returns to Syria and Afghanistan.
MPs have raised concerns that delays in the current system increase the risk of asylum seekers going into hiding. The slow pace of deportation proceedings has become a tense political issue, particularly given the involvement of rejected asylum seekers in recent terror attacks.
Migration Numbers Show Dramatic Decline
Despite the political furore, asylum applications in Germany have plummeted dramatically. Between January and July 2025, Germany received just 61,336 new asylum applications – half the number recorded during the same period last year.
Germany has lost its position as the EU’s prime destination for asylum seekers, falling behind Spain and France. The country recorded 65,495 applications in the first half of 2025, compared to Spain’s 76,020 and France’s 75,428.
Towns across Germany have reported significant easing of pressure on public services since the immigration policy shift. The Association of German Cities, representing 3,200 municipal authorities, confirmed emergency accommodation facilities are being dismantled.
In some towns there were still emergency accommodation facilities in tents, because otherwise there wouldn’t have been places for asylum seekers to stay. Now this kind of emergency accommodation can in some cases be dismantled,” Christian Schuchardt, the organisation’s director, told Augsburger Allgemeine.
Political Battle Over Migration Legacy
The reasons behind the sharp decline in asylum numbers remain disputed. While Merz’s government claims credit for its stringent border measures, allies of former Chancellor Olaf Scholz argue the tide was already turning under the centre-left politician’s leadership.
Scholz’s supporters point to his deployment of “temporary” controls across Germany’s entire land border and steps to turn away several categories of asylum seekers as evidence the numbers were dropping before Merz took office in May 2025.
However, data suggests the decline reflects broader European patterns rather than solely German policies. According to Frontex, the EU’s border agency, irregular crossings into the bloc fell by 38 per cent last year. In the first half of 2025, EU border authorities recorded just 75,900 irregular crossings.
Merkel’s Legacy Under Attack
The reforms represent a complete reversal of former Chancellor Angela Merkel’s open-door policy, which saw Germany welcome nearly a million refugees fleeing war and persecution. Germany granted protection to 3.5 million refugees under her leadership, including 1.2 million Ukrainians seeking safety from Russia’s invasion.
Merz, who became Chancellor in May 2025, has long criticised Merkel’s approach. He aims to “regularly deport” people to Afghanistan and Syria and plans to abolish fast-track naturalisation rules introduced by the previous government.
The CDU leader also advocates for denaturalisation in cases where those with multiple citizenship commit crimes after obtaining German citizenship – a move that would require constitutional amendments.
Legal and Practical Challenges Ahead
Critics argue the proposed measures face significant legal hurdles and practical limitations. Several politicians have highlighted the incompatibility with migration and asylum laws, including the Geneva Convention and EU principles of free movement.
The Greens’ deputy leader in the Bundestag, Konstantin von Notz, described the measures as “neither constitutional nor European law compliant.” Saarland’s premier Anke Rehlinger emphasised that Germany needs “a common European asylum policy” rather than unilateral action.
Germany’s largest police union has pointed to the impracticality of permanently controlling all borders. Officers report that processing asylum applications at borders requires bringing interpreters from distant Federal Police units, significantly prolonging procedures.
European Context and Future Implications
The German crackdown reflects wider European trends as governments face pressure from populist movements. Across the EU, asylum applications dropped significantly in 2024, with Germany seeing a 30.2 per cent decrease to 235,925 initial requests.
As Germany prepares for federal elections, migration remains the dominant issue for voters. Merz’s hardline stance aims to counter the far-right Alternative for Germany (AfD), which has made historic gains by exploiting anti-immigration sentiment.
The proposed removal of automatic legal representation marks a watershed moment in Germany’s approach to asylum seekers. Whether these measures will withstand legal challenges and achieve their stated goals of improving security and speeding deportations remains to be seen.
For now, thousands of rejected asylum seekers face an uncertain future without guaranteed legal protection, as Germany grapples with balancing humanitarian obligations against security concerns and political pressures.
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Image Credit (Shortened):
Friedrich Merz campaigning in Erfurt (21 Aug 2024) – by Steffen Prößdorf (Stepro), licensed under CC BY-SA 4.0, via Wikimedia Commons.
