Germany’s judiciary has once again intervened to block the migration policy of an elected government, ruling that the Federal Police acted unlawfully when they rejected three Somali asylum seekers at the Polish border earlier this month without initiating the required legal procedures.
The Berlin Administrative Court found that the May 9 pushback at Frankfurt (Oder), carried out under new instructions from Interior Minister Alexander Dobrindt, violated European Union law. The court held that asylum seekers must not be summarily turned back without undergoing the Dublin procedure, which determines the responsible member state for examining an asylum claim.
The ruling, which is final and incontestable, adds to a growing list of judicial decisions across Europe obstructing tougher immigration enforcement by elected governments. In Germany, it marks the first legal challenge to Dobrindt’s new policy, which sought to intensify border checks and allow authorities to reject migrants arriving from “safe third countries,” including Poland, without processing their claims.
According to the Berlin court, the federal government cannot bypass the Dublin Regulation by invoking emergency clauses under Article 72 of the EU treaties. “There is already a lack of sufficient demonstration of a danger to public safety or order,” the judges concluded, as cited by Welt. While the court did not affirm an automatic right for the Somali applicants to enter deeper into German territory, it stressed that the legal process must still be observed, even at the border.
The rejected applicants — two men and one woman — had arrived by train from Poland and were removed on the same day despite having declared their intention to seek asylum. Dobrindt’s border directive was touted by the government as a necessary response to surging illegal crossings, with exemptions only for children, pregnant women, and other vulnerable individuals.
The decision reignites tensions between Germany’s executive and judiciary over migration control. In January, the Munich Administrative Court blocked the deportation of two Turkish asylum seekers to Croatia, citing safety concerns.
Similar clashes have occurred in Italy, where Prime Minister Giorgia Meloni’s attempts to move asylum processing offshore through a deal with Albania were struck down by a Rome court late last year. Deputy Prime Minister Matteo Salvini responded by accusing judges of undermining national security, while Foreign Minister Antonio Tajani warned that judicial interference “puts democracy at risk.” Elon Musk also commented on the case, saying, “These judges need to go.”
Germany’s ruling adds to the mounting evidence that courts across Europe are increasingly dictating the limits of migration policy, regardless of public opinion or electoral mandates.
The post German Court Strikes Down Border Pushbacks of Somali Migrants appeared first on American Renaissance.
American Renaissance
