The German government wants to be able to deport foreigners more quickly who condone terrorism in Germany. As such, the German Cabinet has approved a draft proposal from the Ministry of the Interior, led by Nancy Faeser, to amend the residency law. The German government is responding to online posts that celebrate, for instance, Hamas’s terror against Israel or the Islamist-motivated murder of a police officer in Mannheim. The planned tightening of laws could affect many foreigners. Since October 7, the day of the Hamas terror attack on Israel, nearly 11,000 so-called hate posts have been deleted at the request of the Federal Criminal Police Office.
The Social Democrat Faeser presented her proposal with a combative attitude. “Those without a German passport who glorify terrorist acts here must be deported and expelled wherever possible. We are now creating a new legal basis for this.” Green Party Economics Minister Robert Habeck expressed a similar view. “Those who condone and promote terrorist acts must leave,” Habeck said. “Islam belongs to Germany, but Islamism does not.”
The starting point for Faeser’s plans is Section 140 of the German Penal Code. It penalizes not only the endorsement of war crimes or crimes against humanity that have already occurred but also future ones. Based on this, Germany now wants to assert an increased interest in deportation.
While multiple terrorist acts had to be condoned to trigger expulsion under current law, now a single act would suffice. Approval expressed not only in written works but also on social networks would also be considered. The Interior Ministry’s published explanatory notes for the bill explicitly state this. “Under the distribution of content, this may also include marking a post with a ‘like’ on social media platforms such as YouTube, Instagram, TikTok, etc.,” it says.
The Ministry of the Interior aims to respond to the changed threat landscape. In recent years, the number of terrorist acts and individual perpetrators has increased. Additionally, a large audience can be reached on social networks with a single action, which is why the current regulation no longer reflects reality, according to the Interior Ministry. Even endorsing a single terrorist act by an individual perpetrator could incite hatred against parts of the population.
Does this mean a ‘like’ on Facebook is enough to be deported from Germany? According to the federal government’s intentions, yes. While one can appeal a deportation order issued by an immigration authority before an administrative court, as noted by a spokesperson from the Interior Ministry, a criminal conviction by a court is explicitly not required. The prosecution takes place in parallel.
Legal experts, however, doubt whether simply giving a ‘like’ can be considered the dissemination of content that is legally relevant in terms of criminal law. Legal experts argue that the intent must be determined. It must be clear what the person actually intended to express and whether they truly understood their actions. It is also important to differentiate between deportation and expulsion. The two are not the same. Deportation refers to the loss of a residence permit. However, this does not automatically result in expulsion. Deportation may still be prohibited despite expulsion. In addition, a state willing to accept the deportee is required. Most deportations in Germany have failed due to the refusal of the individuals involved to cooperate in clarifying their identity and because of this requirement.
The opposition in the German Parliament, meanwhile, finds the government coalition’s plans either insufficient or too extensive. “The government is missing an opportunity to finally adapt deportation laws to modern times,” says the domestic policy spokesman for the CDU and CSU parliamentary group in the Bundestag. The current reform is a minimal compromise – nothing more. Although he considers the tightening of the law correct, he believes the proposal ignores critical issues. “Anyone who generally celebrates Islamist terror without reference to a specific act, such as at a caliphate demonstration or with Hamas propaganda, does not currently face the threat of deportation,” he points out. He insists that Interior Minister Faeser needs to address this urgently.
It is unclear whether the Cabinet decision will pass through the Bundestag without changes. Green Party MPs have expressed caution, stating they will review the proposal within their parliamentary group, according to the parliamentary secretary of the Green Party in the Bundestag. Meanwhile, the federal government is in a hurry, attaching the proposal as an amendment to another bill to expedite the parliamentary process.
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