With less than two weeks to the federal election, former Member of the European Parliament, Dr Pierrette Herzberger-Fofana, warns of the danger of deep polarisation of society as a result of the instrumentalisation of the issue of migration. The first Afro-German politician to represent Germany in the European Parliament makes a case for a debate on migration that respects the rule of law
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For the first time in Germany’s political history, the Union (CDU/CSU), as a representative of the right, with the support of the extreme right, the AfD, introduced a motion in the Bundestag on 29 January 2025, breaking – in the eyes of many observers – a fundamental taboo.
In commemoration of the 80th anniversary of the end of the Second World War and the liberation from National Socialism, known as the NSDAP, the memory of “Never Again” takes on its full meaning. It is imperative to reject any resurgence of nationalism that could have catastrophic consequences.
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What about the Duty to Remember?
Germany is still a country open to dialogue and multicultural exchange. The demonstrations for tolerance and diversity are irrefutable proof of this: more than three million citizens have expressed their dissatisfaction with the tightening of migration laws and the alliance between the right and the far right. This massive mobilization testifies to a clear will of the people: to look for solutions that meet the expectations of the majority of citizens. This is where the whole problem lies. What does this change of heart mean by a democratic party like the CDU?
A controversial alliance
The alliance between the right (CDU/CSU) and the far right (AfD) has triggered large demonstrations throughout the country. Millions of citizens mobilized against this five-point law. In Erlangen, 3,000 demonstrators took to the streets, led by migrant organizations, democratic parties and the trade union Erziehung Wissenschaft GEW. The slogans on the banners clearly reflected the rejection of this policy: “Refugees are welcome here”, “Saving a life is not a crime”, “Tolerance and diversity”.
Within two days of the vote in the Bundestag, the MPs were called upon to vote on another bill entitled “Limiting the influx of migrants”. On Friday 31 January, this motion was narrowly rejected with 350 votes against and 338 votes in favour. There were absences in the ranks of the Right (CDU/CSU) and the Liberals (FDP), and some MPs refrained from voting
The migration policy advocated by the right aims to tighten the laws in force and limit migration flows.
The rejected bill included five main measures
1. Systematic rejection of asylum seekers at the German borders with permanent controls at the border crossings of Germany’s nine neighbouring countries. An entry ban has been imposed on all persons without valid entry documents, including in the case of an asylum application.
2. Pre-trial detention for rejected asylum seekers: They would have been detained indefinitely until they voluntarily returned to their country of origin or until they were actually deported.
3. Increased support for the Länder by the Federal Government in fulfilling their obligations to leave the country by creating special federal centres for the deportation of refugees.
4. The withdrawal of German citizenship for naturalized dual nationals who are guilty of serious crimes.
5. The prohibition of family reunification for refugees with temporary protection status, especially for those who are so-called “tolerated”. The latter measure was particularly controversial because it mainly affected war refugees, especially Syrians. No one denies the need to ensure the security of the country, especially in the face of criminal acts involving refugees. However, the complexity of the situation is obvious.
A right-wing CDU/CSU and right-wing extremist AfD alliance has triggered strong rejection throughout the country. The last few weeks have been marked by growing tensions and heated debates. The outcome of the elections on February 23, 2025 now seems uncertain.
The tragic example testifies to this: An Afghan refugee, who suffers from mental illness and had himself applied for his repatriation, stabbed a two-year-old Moroccan child and a 41-year-old man in Aschaffenburg. This tragedy, which has deeply shaken public opinion, is a reminder of the importance of adequate care for people in need.
The firewall, which is supposed to maintain a strict separation between democratic parties and right-wing extremist movements, has suffered deep cracks in recent weeks.
The migration issue is one of the big issues of the election campaign. It is undeniable that Germany must respond to the challenges of immigration. However, the solutions envisaged must be in line with human rights and the legal norms of the European Union. Migration policy must not be dictated by fear or exclusion, but by a balanced approach that respects the fundamental principles of the rule of law.