Lawyer explains legal limits of AfD migration plans in Germany
In Germany, a state government will not be able to independently implement a comprehensive “remigration” programme, since rules on asylum, immigration and citizenship fall under federal legislation. This was stated in an interview with The Local Germany by lawyer and political scientist Joscha Selinger, head of the Democracy and Fundamental Rights department at the Society for Civil Liberties.
Powers of the state government
According to Selinger, state authorities can nevertheless influence the application of residence law through administrative practice, the use of discretionary powers and the allocation of resources. The Alternative for Germany programme for Saxony-Anhalt, he noted, includes demands to establish a deportation task force, as well as to use ankle bracelets or house arrest for refugees.
Individual administrative decisions, including a specific deportation order, can be challenged in administrative courts. As the lawyer explained, a court may respond within several days or weeks as part of urgent legal protection. At the same time, this mechanism does not make it possible to halt an entire political programme.
Courts and blocking decisions
Selinger warned that a state government can weaken guarantees of constitutional and fundamental rights in the long term through administrative practice and resource allocation. In his assessment, a state government also has tools to influence the composition of courts, including the ability to block the election of judges to the state constitutional court, influence judicial selection committees and personnel decisions of the justice ministry.
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The expert cited the example of Thuringia, where the AfD parliamentary group has been blocking the judicial selection committee since 2025, demanding instead a seat on the parliamentary oversight commission. According to him, this prevents the appointment of new judges for life.
If the AfD has more than one-third of the seats in the Saxony-Anhalt Landtag, the party will be able to block decisions requiring a two-thirds majority, including amendments to the state constitution and the election of judges to the constitutional court. The current state parliament has already introduced an emergency mechanism: in the event of a blockage, the constitutional court will be able to propose candidates who will be elected by a simple majority.
Party ban procedure
Only the Federal Constitutional Court can decide to ban a political party in Germany. The Bundestag, Bundesrat or federal government are entitled to file the relevant application. Selinger noted that the decision to apply to the court is political, and in practice there is no mechanism that could compel these bodies to submit such an application.
