Some German states want to apply regulations from the fight against terrorism against “clan criminality”. To this end, the Residence Act might be amended.
The German Ministry of the Interior (MoI), led by the Social Democratic Party (SPD), proposes that it should be possible to deport foreigners even if they are only suspected of belonging to criminal organizations. According to the proposal, this should be possible even if the persons concerned have not committed any crimes. So says the “Discussion Draft on Improving Return”, which the MoI published last week.
The passage from Nancy Faeser’s ministry targets people who belong or have belonged to “organized crime communities.” A spokeswoman confirmed to the “Süddeutsche Zeitung” that this is aimed at “criminal clans.” The initiative for this had come from some federal states and had been taken over by the MoI. Now it is to be “discussed in detail with the states and municipal associations” whether such a law would be “proportionate” at all.
The initiative would adopt a regulation from the fight against terrorism for the area of serious crime. According to the Residence Act, foreigners who belong to an association that supports terrorist groups can be expelled.
However, it is unclear how such affiliation with “clan criminality” would be determined and whether courts would have jurisdiction in this regard. A federally adopted definition agreed upon last year describes a “clan” as an “informal social organization determined by a common understanding of descent among its members.”
Also in question is who the regulations would apply to. Some of the families designated as “clans” were granted toleration decades ago as stateless aliens. So there is no country of destination for their demanded deportation.
Under the guise of combating “clan criminality,” people are already being specially persecuted simply because they belong to a family. Authorities often implement this in “joint operations” by police, public order authorities and customs. Raids take place in cafés, shisha bars, barbershops or betting stores. In most cases, only petty offenses are punished that have no connection to organized crime. For the owners, this means not only stigmatization but also financial losses.
The “Discussion Draft on Improving Return” is based on a federal-state meeting in May at which the interior ministries agreed on further tightening of asylum and aliens law. The MoI also proposes to extend the detention period for people in deportation custody to 28 days. In addition, the fundamental right to the inviolability of the home is to be suspended in asylum shelters. This is intended to facilitate police searches of the entire facility in search of deportees.
Published in German in „nd“.
Image: “Joint operation” with customs, public order authority and police against “clan criminality” (Police Mettmann).