German Parties Squabble Over Immigration

German Chancellor Schröder’s government is in for some tough talks with the opposition as it tries to salvage the country’s first ever immigration legislation that was struck down by the constitutional court earlier this week.

The law that was aimed at simplifying regulations governing residency permits and making it easier for foreigners to work and live in Germany was due to come into force on Jan 1, 2003.

But it was declared unconstitutional by the highest court in Karlsruhe on Wednesday this week, after opposition conservatives complained that the bill had been illegally passed in the Bundesrat or upper house of parliament in March this year.

Conservative opposition not happy with present law

The conservative opposition Christian Democrats (CDU), who signaled their readiness to talk with the governing Social Democrats (SPD) and Greens after the constitutional court’s decision, are now using their increased clout in the Bundesrat to force Schröder’s government to take on board several far-reaching changes to the immigration legislation.

Some members of the CDU, have even gone as far as to say that the government should change the existing blueprint for an immigration law that is due to be reintroduced in both houses of parliament in Jan 2003.

The present law includes among other things provisions for a points system to lure skilled and qualified workers from abroad and a range of measures from language to citizenship courses to help their integration into German society.

Four conditions for immigrations, says opposition

But the conservatives say the law doesn’t go far enough to help integration of foreigners already living in Germany and are now proposing their own integration law.

Reinhold Bocklet of the opposition Christian Social Union (CSU) and the Bavarian minister for the Bundesrat said that the Christian Democratic parties would stipulate "four clear conditions" for passing a new immigration law.

These include setting a strict limit on the number of immigrants, especially on those coming from non-EU countries, limitations on access to the social security system by immigrants and political asylum seekers, ensuring that immigrants are well-qualified and needed by the German economy and measures to ease the integration of foreigners already living in Germany.

The conservative opposition parties have also made it clear that they would also apply for the 91 changes to the immigration law that they introduced early this year, if the government insisted on pushing through with the immigration law in its present form.

The deputy parliamentary leader of the CDU, Wolfgang Bosbach reckons with hard negotiations with the government.

In an interview with the Financial Times Deutschland he said, "The Greens will exert a lot of pressure on the SPD. That’s why Interior Minister, Otto Schily (SPD) will not be ready for substantial concessions." In a separate interview, Bosbach demanded a separate integration law. "It’s entirely possible," he said.

Immigration emotional issue for the Greens

The conservatives‘ hard talk has set alarm bells ringing in the ruling coalition, who now fear that they may be forced to change the bill beyond recognition, given the majority that the conservatives enjoy in the Bundesrat.

Parliamentary leader of the pacifist Greens, Volker Beck told the Berliner Zeitung, "we want to in principle stick to the humanitarian goals of the law. Our soul hinges on that and we won’t sell our soul during the negotiations."

The Federal Government Commissioner for Foreigners and Integration, Marieluise Beck of the Green party welcomed the conservatives‘ suggestion that foreigners already living in Germany should also have the right to participate in proposed language courses.

Till now provisions in the immigration law foresaw that only for new immigrants. But the Green politician described as "absurd" another opposition proposal that the present freeze on luring foreign workers should be maintained.

Beck said that the proposal contradicts the original motive for the immigration law in the first place. "We won’t allow the intended purpose of the law to be reversed," she said.

Making immigration an electoral issue

Beck has also warned the opposition of exploiting the immigration law for electoral gains in upcoming regional polls in the states of Hessen and Lower Saxony in February. "There’s a danger that other battles will be defeated at the cost of foreigner issues," she said.

It’s a fear echoed by Memet Kilic, chairman of the federal advisory council on foreigners‘ affairs.

In an interview with the F.A.Z. Weekly, he said, "Important legislation has thus fallen victim to party-political warfare, With this new law, Germany wanted to prove that it is an open, modern immigration country. And what’s left? Nothing but ruins and a poor image abroad."