On May 9, 2025, German Chancellor Friedrich Merz found himself at the center of a political storm regarding the country’s migration policies. Following a series of contentious announcements and reports, the new government faced scrutiny over its approach to asylum seekers and border control.
During his first official visit to Brussels, Merz attempted to clarify the government’s stance, stating, "No one in the federal government, including myself, has declared a state of emergency." This statement was made in response to a report by Welt which claimed that Merz had invoked a "national emergency" under Article 72 of the Treaty on the Functioning of the European Union (TFEU) to facilitate stricter border controls. This article allows member states to deviate from EU regulations to maintain public order and internal security.
Merz reiterated that Germany would intensify border controls but insisted that these measures were in accordance with European law. He emphasized, "We are controlling now at the borders more intensively, similar to during the European Football Championship last year." The Chancellor maintained that there was no unilateral action being taken, stating, "Our European neighbors are fully informed. There is no German go-it-alone approach."
However, confusion arose shortly after Merz's statements. Government spokesperson Stefan Kornelius told Bild that the Chancellor did not intend to declare a national emergency. This contradiction sparked criticism from opposition parties and raised questions about the coherence of the government's migration strategy.
Interior Minister Alexander Dobrindt, who had previously announced that the Federal Police could reject asylum seekers at the borders, faced backlash for his handling of the situation. Dobrindt had stated that the number of rejections would "gradually increase," aiming to bring back "clarity, consistency, and control" to migration policy. He issued a directive allowing the police to refuse entry to protection seekers from safe countries.
On the same day, Polish Prime Minister Donald Tusk expressed irritation over Germany's migration policies during Merz's visit to Warsaw. Tusk criticized the notion that Germany could send migrants to Poland, stating, "Germany will let in whom it wants. Poland will let in only those it accepts." His comments highlighted the tensions between neighboring countries regarding migration management.
In a related development, Austrian Interior Minister Gerhard Karner acknowledged Germany's commitment to combatting human trafficking and illegal migration but stressed the importance of adhering to EU law. This sentiment was echoed by other European leaders who were concerned about the implications of Germany's border policies on the Schengen Agreement, which allows for free movement within the EU.
As the situation unfolded, Merz also faced internal challenges within his coalition government. The Social Democratic Party (SPD), his coalition partner, expressed reluctance to fully support the hardline stance on asylum policy. SPD parliamentary vice-chair Dirk Wiese reminded that asylum applications must still be examined according to the German constitution, a point that was at odds with Dobrindt's directives.
On the international front, Merz planned to discuss trade tariffs and the ongoing Ukraine conflict with US President Donald Trump in a scheduled phone call. The Chancellor aimed to strengthen Germany's role in European security and economic matters while navigating the complexities of migration policy.
Meanwhile, Ukrainian President Volodymyr Selenskyj congratulated Merz on his election, expressing hope for continued German support amidst the ongoing war with Russia. Selenskyj emphasized the potential for a strong German-Ukrainian partnership, which Merz promised to foster.
As Merz's administration grapples with its migration policy, the legal ramifications of the proposed border rejections remain uncertain. Experts have pointed out that the European Court of Justice may ultimately decide on the legality of these actions, especially in light of previous rulings against similar measures in other EU countries.
In the context of these developments, Friedrich Merz's government is at a crossroads. The promise of a significant shift in asylum policy made during his election campaign faces the challenge of balancing domestic political pressures with international obligations and relationships. As the new Chancellor navigates these turbulent waters, the outcome of his policies will likely shape Germany's migration landscape for years to come.
