Immigrant
Policy
Historically
Germany has viewed
itself as kein einwanderungsland, “not a country of immigration,” (although this phrase not
used until 1977 naturalization regulations)
Nationality
laws
Germany as a "late
unifier"
not a nation state til 1871
a product of "The Age of Nationalism"
"German national sentiment predated
the creation of the nation-state, which contrasts with post-1789 France where
the opposite was true," (Geddes, 93).
Thus, Germany
as an "ethno-cultural" community
1913
Nationality Law
conceptualized the
German nation as a community of descent based on jus sanguinis
Latin for
"right of blood" rather than jus soli (right of soil) as in US, France
Thus,
difficult to "become" German
not simply a question of naturalization or acquisition of nationality
Yet, became
a de facto country
of immigration (multi-cultural society?) despite this
How/why?
Four
main sources of post-war migration to
1.
Aussiedler migration
"right to return"
Ethnic
Germans fleeing persecution in Soviet bloc countries
given permission to enter Germany under Article 116 of the 1949 Basic Law
granted automatic German citizenship to people possessing
“German
nationality or who as a refugee or as an expellee of German descent or as their
spouse or descendent has found residence in the territory of the German Reich
in its borders of 31 December 1937”
2.
The recruitment of “guestworkers” (Gastarbeiteren)
context, post-war expansion, workers shortage, baby boom, etc.
first agreement with Italy 1955 for first agricultural then industrial work
Corporatist context
Federal Labour Ministry, Reps of Employer's Organizations, Trade Unions and
Government
Grew into arrangements
with Spain and Greece (1960)
then Turkey (1961) (1969
picture)
Portugal (1964)
Tunisia (1965)
Morocco (1963 and 1966)
Number of
guest workers peaked in 1961 at 1.3 mln (1966-67 recession)
1965 new
Foreigner's Law replaced 1938 Aliens Regulation act
attempted to ensure state had control over FRG territory, could guarantee exit
from it
Lander
begin to be more restrictive with residency permits
early
1970s, Turks comprised 13 percent of foreign population
by 1980, 33 percent
Due to East German situation, Article 116 of Basic Law, gave asylum seekers the
right to make application for asylum
peak year, 1992 80% of all asylum applications in W Europe were made in Germany
this right
confounded public discussions of immigration, hemmed in the state's ability to
regulate access to its territory
Once in
country, it could take 8 or more years to process application after which time
deportation often "ruled out for humanitarian reasons" (85)
also in
meantime, marriage, family, etc.
Trend in
1990s to present- to make more restrictive
anti-asylum seeker violence (see links at end of page)
Immigrant
Policies
Denizens vs.
Citizens? The Role of the Welfare State in Creating a More Diverse
Germany
Foreign
workers and their families are given access to social rights on a par with
Germans under Article 20(1) of the Basic Law committing the FRG to "the
social inclusion of all citizens" (Geddes, 90)
New
Naturalization Law
Towards a Civic Model?
1991
Naturalization
for foreigners with at least 15 years residence and for those of 2nd and 3rd
generation aged 16-25 with at least 8 years residency (Geddes, 95)
Family
reunification for children under 16 no longer at Lander discretion
Foreigners
given statutory reisdence and family rights
Spouses and
children given rights independenct of head of family
Second and
third generation foreigners who had temporarily returned to their home country
allowed to return to Germany
SDP/Greens
Government Law
Late 1990s
born in Germany
or come to Germany before 14 get nationality but parents have to apply for them
before age 6 (jus soli by application)
Dual
nationality up to age 23 then must choose (into effect Jan 1 2001)
Even so, rates of naturalization low
cost? DM500
Of Interest:
Rostok
Fire Counter Protest
Skinhead
Watch
Anti-Racist
Skinheads