The Immigration Compromise in Brief

Deportation of potential terrorists

A deportation order can be issued on the basis of a "threat prognosis" supported by factual evidence. State interior ministries will be responsible for such procedures; exceptional cases could come under the jurisdiction of the federal interior ministry. The suspect under investigation needn't have committed a crime in Germany in order for the deportation order to come into effect. In cases where deportation would result in suspects facing torture or the death penalty in their home country, the suspect can remain in Germany under tight restrictions limiting freedom of movement, communication, etc. The Christian Democratic Union's (CDU) proposed confinement of up to two years for terrorist suspects will not be part of the new law.

Deportation of religious extremists and people-smugglers

The new law should make it easier for Germany to deport religious extremists and agitators such as preachers of radical Islam. The existing grounds for deportation were formulated generally to apply to people who publicly incite others to violence. In the new law, there could be special formulations which would make it possible to deport those who, for example, incite others to hatred. Germany will be able to deport people involved in human trafficking if they've been sentenced to at least one year in prison.

Residency permits

Before foreigners are given a permanent residency permit or allowed to become German citizens, they will have to undergo checks by the Office for the Protection of the Constitution. The procedure is already

possible, but is rarely used. In future, it will be obligatory.

Data files

The setting up of special data files to retain visa information on suspicious people will not be regulated by the new immigration law. Instead, the government opted to wait for the new EU guidelines. Should the project fail to be implemented on the EU level by 2006, then Germany will introduce the data files on a national level.

Integration

Foreigners have the right to participate in language courses, as well as integration courses on German law, culture and history. The courses will be paid for by the government. Foreigners who don't take part in the courses or who fail to complete the courses will face certain sanctions, i.e. rejection of applications to extend their stay in Germany.

Immigration of workers

Non-European foreign workers will be allowed to immigrate into the country, with the possibility of getting an unlimited residency permit at the outset. German firms will be allowed to recruit highly qualified workers such as engineers, computer technicians, researchers and business leaders. Less qualified workers can apply for a limited residency permit if they can prove that they've been offered a job that couldn't have gone to any applicant from within Germany or the EU. Foreigners who study in Germany and complete their degree will be allowed to apply for a work permit and look for a job.

Gender-specific persecution

Foreigners who are persecuted because of their sex (for example, women or girls facing female circumcision) will now be recognized as refugees. The exact wording of the regulations was a point of conflict during the negotiations, but according to the government, the affected person can gain refugee status if the criteria of the Geneva Convention are fulfilled.