„Deportation gap“ – Criminalisation of migration in Germany
Recent legal and policy change in Finland has produced the conditions of emergence of a specific group of migrants: rejected asylum seekers whose deportation cannot be enforced but who do not have access to any sort of residency permit. In Germany "toleration" (Duldung) has for decades been the status of people in a similar situation. Although not a residency permit, the temporary suspension of deportation has converted into a de facto basis of residency for a significant group of migrants. It implies extreme lack of rights and precariousness. The talk presents a short genealogy of "toleration" as a legal-administrative category in (West)Germany. It addresses the discourse of the „deportation gap“ as a vehicle to criminalise migration within the German asylum regime since the 1970s and presents some insights into why campaigns against the abolition of "toleration" have failed. The racist discourse of the "deportation gap" has effects internal to Germany as well as others related to the EU border regime, international relations and processes of so-called border externalisation.
University of Helsinki (Sociology) / University of Kassel (Political theory)