The word "remigration" has become one of the most charged terms in German politics. For immigrants, expats, and anyone with a migration background living in Germany, it raises an obvious and urgent question: how much of this rhetoric could actually become policy? In Saxony-Anhalt, where the AfD has significant political presence, lawyer and political scientist Joschka Selinger has examined the party's headline proposals — and the legal picture is more complex than campaign slogans suggest.
The AfD has put forward a range of proposals related to migration control and remigration at the state level in Saxony-Anhalt. These proposals have attracted considerable public attention, particularly among communities with migration backgrounds. However, according to Selinger, many of the most high-profile ideas face significant legal obstacles before they could ever be implemented.
Germany's federal structure is key here. Many areas of immigration law — including residence permits, deportation policy, and asylum procedures — are governed at the federal level, not by individual states. This means that even if a state government wanted to implement sweeping migration restrictions, it would often lack the legal authority to do so.
Selinger's analysis makes clear that several of the AfD's proposals for Saxony-Anhalt fall into this category: either they exceed what a state government is empowered to do under Germany's Basic Law (Grundgesetz), or they would be unconstitutional outright. Remigration as a state-directed programme, for instance, is described as something that "could not be implemented by a state government."
That said, Selinger also notes that the party can be expected to test the limits of the law — meaning that even where full implementation is blocked, there may be attempts to push boundaries in smaller, incremental ways.
For people living in Germany on a residence permit, Aufenthaltstitel, or who are in the process of applying for Niederlassungserlaubnis or Einbürgerung, the political climate matters — even when specific proposals are legally blocked.
State governments do retain certain powers that affect daily life: funding for integration programmes, Integrationskurs availability, local Ausländerbehörde practices, and how aggressively local authorities interpret and apply federal rules. Political pressure from a state government can also influence the tone and pace of bureaucratic processes, even without new legislation.
It is also worth remembering that today's unconstitutional proposal can become tomorrow's legal grey area if federal laws change. Monitoring what parties propose — and what legal experts say about feasibility — is a form of practical self-protection for anyone whose life in Germany depends on stable immigration policy.
According to the legal analysis discussed in this interview, remigration as a state-led programme is not something a state government can implement — it falls outside state authority under Germany's federal system. Deportation policy and residence law are primarily federal matters. However, states can influence how federal rules are applied locally, so political shifts at the state level are worth watching.
Your Aufenthaltstitel is governed by federal law, not state law, so a change in state government does not automatically affect its validity. That said, local Ausländerbehörde offices operate under state administration, and political climate can affect how procedures are handled in practice. If you have concerns about your specific situation, consult a qualified immigration lawyer or contact your local Ausländerbehörde directly.
According to Selinger, even where full implementation is blocked, the AfD is expected to push boundaries where legally possible. This could mean introducing policies or administrative practices that are later challenged in court, or using state-level tools — such as funding decisions or administrative guidance — to influence migration-related outcomes without passing outright unconstitutional laws.
For expats and immigrants in Germany, the key takeaway from this analysis is measured: the most extreme proposals are legally constrained, but the political environment can still have real effects on daily life and bureaucratic experience. Stay informed about regional election results and policy proposals, particularly in states where you live or plan to live. If you have specific concerns about how political changes might affect your residency status or integration pathway, seek advice from a qualified immigration lawyer or consult BAMF's official resources.
Source: The Local
Want news like this in your inbox?
The most relevant news for expats in Germany, no noise.
From November 1st, Germany raises the passing standard for key language exams. Here's what it means for citizenship, permanent residence, and Integrationskurs applicants.
A leak of more than 420,000 AfD internal emails reportedly contains hate speech and discussions of potential crimes. Here's what is known and what is being investigated.
AfD co-leader Alice Weidel has revealed her party's plans for major EU reform. Here's what the proposals could mean for expats living in Germany.
