German Chancellor Friedrich Merz insisted on Tuesday that his government would persist with its strict migration policies, despite a court ruling that blocked the expulsion of three Somali asylum seekers.
A Berlin administrative court ruled Monday that border police acted unlawfully by sending the three Somalis—who arrived at a train station in eastern Germany—back to Poland without first determining which EU country was responsible for processing their asylum claims under the Dublin Regulation. The decision represents a setback for Merz’s government, which came to power in February on promises to curb migration.
Speaking at a local government conference, Merz acknowledged that the ruling "may have further restricted our room for maneuver," but he insisted that "the scope for action still exists."
"We will, of course, operate within the framework of European law, but we will also act to protect public safety and order in our country and to relieve the burden on cities and municipalities," he said.
Migration remains a top concern for German voters, fueling support for the far-right Alternative for Germany (AfD), which secured over 20% of the vote in February’s election. The ruling has drawn sharp criticism from opposition parties, with AfD co-leader Alice Weidel calling Germany’s asylum system "fundamentally flawed" and vowing to deport undocumented migrants if her party comes to power.
Meanwhile, the Left Party warned that disregarding refugee rights "endangers the rights of everyone."
Justice Minister Stefanie Hubig, a member of Merz’s coalition partner, the Social Democrats (SPD), emphasized that the court’s decision must be respected. "It is becoming clear that convincing the judiciary of the legality of these rejections will not be easy," she said.
The court rejected the government’s argument that public order and security concerns justified turning away asylum seekers, stating that officials had not provided sufficient evidence of a "national emergency." Interior Minister Alexander Dobrindt defended the expulsions, calling the ruling an isolated case and pledging to continue enforcing entry bans.
Merz, however, stressed that border controls would remain in place until security at the EU’s external borders "improves significantly." His government has faced repeated accusations that its policies violate German and EU law.
The SPD, which has taken a softer stance on migration, urged a thorough review of the ruling’s implications. SPD parliamentary leader Matthias Miersch called for "legal certainty" to avoid placing undue pressure on law enforcement.
Despite the legal and political pushback, Merz remains determined to press ahead with his migration agenda, framing it as essential to countering the far-right’s rise. "We know that we can still carry out rejections," he said. "And we will."