Germany’s Deportation Process: Who Can Be Deported and Why?

Introduction

Germany is a destination in demand for migrants, asylum seekers, and foreign workers for employment and permanent settlement. Its strong economic condition and open immigration policies make it a striking place for foreigners to be located in and work in Germany. With easy entry it has very strict immigration policies guarantee that foreign nationals who violate visa laws, commit crimes, or have had their asylum applications rejected can be deported (Abschiebung) i.e. legally being expelled from Germany.

It is important to develop an understanding of the deportation policy of Germany, legal rights, and avenues of appeal required of foreign nationals living in the nation. This blog explains who can be deported, the procedure for deportation, grounds for removal, legal appeals, and how to escape from deportation.

 

1. What is Deportation in Germany?

A. Definition of Deportation (Abschiebung)

Deportation in Germany refers to the removal of an alien from Germany by force as a result of immigration law offenses or other grounds. Deportees are given re-entry bans, meaning that they cannot enter the country again for a period of years.

B. Who Handles Deportation in Germany?

✔ Federal Office for Migration and Refugees (BAMF) – Manages asylum claims and removal orders.

✔ German Immigration Authorities (Ausländerbehörde) – Responsible for visa, residency, and deportation enforcement.

✔ Federal Police (Bundespolizei) – Conducts removals by deportation.

✔ Administrative Courts – Hear appeals and legal cases against deportation.

 

2. Who Can Be Deported from Germany?

A. Asylum Seekers with Rejected Applications

✔ If an asylum seeker's request is rejected, they are required to depart Germany voluntarily within a given timeframe.

✔ If they don't depart, German authorities have the ability to forcibly remove them.

✔ Example: Germany deported more than 13,000 rejected asylum seekers in 2022.

 

B. Foreigners Who Overstay Their Visa

✔ Tourist, working, and studying visas need renewal prior to lapse.

✔ Overstaying results in fines, detention, and eventual deportation.

✔ Example: When a tourist visa has run out and the individual does not depart, he/she can be immediately removed.

 

C. Criminal Offenders

✔ Foreign nationals who commit severe offenses can be deported even if they possess a valid visa or residence permit.

✔ Offenses or crimes that result in deportation are:

• Drug trafficking or possession.
• Fraud, theft, or financial crimes.
• Violent crimes (assault, robbery, domestic violence).
• Terrorism or public safety threats.
  ✔ Example: Germany has deported those associated with extremist groups, even if born in Germany but foreign citizens.

 

D. People Considered a National Security Threat

✔ The Federal Criminal Police Office (BKA) and Federal Intelligence Service (BND) monitor national security risks.

✔ Individuals involved in terrorism, espionage, or hate speech can be deported.

✔ Germany has deported suspected extremists, even without criminal convictions, under security laws.

 

E. People Dependent on State Welfare Without Legal Status

✔ Foreigners who become a financial burden on the state without legal residency or work authorization may face deportation.

✔ Refugees and protected individuals are not deported under this rule.

✔ Example: A non-EU citizen without work or a legal residence permit may be asked to leave if they rely solely on state assistance.

 

3. The Deportation Process in Germany

A. Issuance of a Deportation Order

✔ The Ausländerbehörde (Foreigners’ Office) issues a deportation notice to individuals who no longer have a legal right to stay.

✔ The notice includes:

• Reason for deportation.
• Deadline to leave voluntarily (usually 7 to 30 days).
• Right to appeal the decision.

 

B. Voluntary Departure Option

✔ Some individuals can leave Germany voluntarily to avoid forced deportation.

✔ The REAG/GARP program assists voluntary returnees with travel costs and reintegration support.

✔ Leaving voluntarily prevents a re-entry ban.

 

C. Forced Removal by Authorities

✔ If the person does not leave voluntarily, German police enforce the deportation.

✔ The individual may be:

• Arrested and taken to a deportation center.
• Held in detention until deportation is arranged.
• Escorted to the airport and sent to their home country.

 

D. Deportation Detention Centers

✔ Some deportees are placed in immigration detention centers until they are removed.

✔ Detention can last up to 18 months in extreme cases.

✔ Example: The Berlin-Köpenick detention center houses many foreign nationals awaiting deportation.

 

E. Travel Ban & Blacklist

✔ Deported individuals may be banned from re-entering Germany for 1 to 10 years.

✔ A person with a permanent deportation order may never be allowed to return.

✔ EU-wide bans apply in some cases, preventing travel to other Schengen Zone countries.

 

4. How to Challenge Deportation in Germany

Foreigners facing deportation may have legal rights to appeal.

A. Appeal to the Administrative Court (Verwaltungsgericht)

✔ A deportation order can be challenged in court if filed within one to two weeks.

✔ A lawyer can present evidence proving why deportation should be stopped.

✔ Example: If a person has family in Germany, the court may halt deportation on humanitarian grounds.

 

B. Applying for a Hardship Case (Härtefallantrag)

✔ The Hardship Commission can stop deportation for humanitarian reasons.

✔ Reasons include:

• Severe illness requiring treatment in Germany.
• Strong family ties (German spouse or children).
• Integration into German society (education, work, language skills).

 

C. Seeking Asylum or Protected Status

✔ If deportation puts a person at risk of persecution, torture, or death, they may apply for asylum.

✔ A "Duldung" (temporary suspension of deportation) may be granted while the case is reviewed.

 

5. Can Deported Individuals Return to Germany?

✔ Temporary bans (1-5 years) apply for minor visa violations.

✔ Permanent bans apply for serious crimes or security threats.

✔ Some people can apply for a re-entry permit if they prove rehabilitation or a legal reason to return.

 

6. How to Avoid Deportation in Germany

✔ Obey Visa & Residency Regulations– Renew visas and permits on time.

✔ Respect German Laws – Refrain from criminal behavior and comply with local laws.

✔ Get Integrated into Society – Study German, work legitimately, and benefit the economy.

✔ Seek Legal Help Early – In case of immigration problems, seek advice from an attorney prior to deportation proceedings.

 

7. Conclusion

Germany has severe deportation policies within immigration and asylum laws. Foreigners are deportable for extended visa stays, criminal offenses, threats to national security, or denied asylum requests. Federal Office for Migration and Refugees (BAMF) and immigration authorities handle deportation cases, but individuals have certain rights to appeal.

By abiding by immigration laws, adhering to visa stipulations, and getting legal help, migrants and expats can ensure their legality and avoid deportation in Germany.

Declaration

The details in this article are for general information only. We urge readers to make their own investigations and cross-check facts with official sources before making a decision. We do not make any guarantee as to the accuracy of the information, and we accept no responsibility for any outcome resulting from the use of the information.

 

References

1. Federal Office for Migration and Refugees (BAMF) – www.bamf.de
2. German Immigration Law (Aufenthaltsgesetz) – www.gesetze-im-internet.de
3. Federal Ministry of the Interior and Community (BMI) – www.bmi.bund.de
4. Administrative Court Appeals for Deportation – www.justiz.de
5. Germany's Hardship Commission (Härtefallkommission) – www.hfk.bund.de