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The role of migration authorities in handling potential offenders , , Study by the German national contact point for the European Migration Network
Source: BAMF
The study of the European Migration Network (EMN) discusses the role of migration authorities (Federal Office for Migration and Refugees as well as the foreigners authorities) with regard to prevention, identification and follow-up of third-country nationals who constitute a threat to public security in Germany.
In the past few years the security debate in the European Union (EU) as well as Germany shifted its focus to measures to counter Islamist radicalisation, violent extremism and so-called potential offenders amongst EU citizens and third-country nationals. In Germany, several measures, including consequences for the right of residence, that fall within the remit of the migration authorities were introduced. The EMN study (Working Paper 86) describes the responsibilities and competences of the migration authorities as well as the procedures and challenges regarding the handling of persons who constitute a threat to public security.
Cooperation between security authorities and migration authorities
Although it is not a security authority, the Federal Office for Migration and Refugees plays a fundamental role in the German security apparatus. Within the framework of the Joint Counter-Terrorism Centre (GTAZ) it coordinates the transfer of information as well as the analysis of security-relevant findings between security and migration authorities. The majority of the Länder have also put in place so-called Land working groups, in which in addition to the security authorities the Federal Office for Migration and Refugees and the central foreigners authorities also participate. Over the past few years, the exchange of information between authorities on the whole has further developed and cooperation has intensified.
Preventative and repressive measures
All in all the German authorities follow an approach that combines both preventative and repressive measures against extremism. The Federal Government supports several programmes on the prevention of extremism and promotion of democracy. In addition, the Advice Centre on "Radicalisation" of the Federal Office for Migration and Refugees provides counselling for anyone concerned about Islamist radicalisation in their personal environment.
Migration and security authorities implement several different residence-related and residence-terminating measures against third-country nationals who constitute a threat to public security. Depending on the degree of the threat different measures apply: expulsion, non-extension of the residence permit, withdrawal and revocation of the residence permit, removal, monitoring on security grounds, prohibition and restriction of political activities as well as ban on entry and residence.
Challenges
The competent authorities see major legal challenges in particular when it comes to the return of third-country nationals who constitute a threat to public security. Such challenges apply where no travel documents are available or where there are concerns that the person in question could be tortured in the country of return on account of the grounds for their removal. With respect to the latter, removals are sometimes made contingent on diplomatic assurances of the country. In addition, there exist challenges regarding the transfer of information between authorities. Cooperation platforms such as the GTAZ aim to improve cooperation further.
Cooperation in the EU
No cooperation platform comparable to the GTAZ, where migration authorities and security authorities of the member states could exchange information, exists to date at EU level. Exchange between Germany and other EU member states on security-relevant aspects relating to third-country nationals occurs on a bilateral basis. With the further development of the Schengen Information System (SIS) the database is to be updated to include asylum- as well as residence-related decisions as of 2022.
Working Paper 86 was authored as part of the European Migration Network.
Author of the study: Friederike Haberstroh