Germany: Normalised Immigration Politics?

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 Germany

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

3.  Family members of guestworkers

4.  Asylum seekers
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

Germany’s identity as a welfare state in tension with its national identity as an "ethno-cultural community"

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:

BBC Story on Turkish guest workers today
Rostok Fire Counter Protest
Skinhead Watch
Anti-Racist Skinheads