Evolving Horizons: Germany's Journey in Refugee and Immigrant Policy

Vital and critical problems, such as violence, conflict, the escalation of events like genocide, the occurrence of internal turmoil, and the violation of human rights in some countries, endanger the peaceful environment in those countries and threaten the lives and safety of people. As a result of these difficulties, many people around the world can leave the countries they live in, become immigrants or refugees, and rebuild their lives in different countries. The main reason for such situations is often the pursuit of a better quality of life and greater comfort. In such cases, problems can frequently arise in the countries they migrate to, leading to conflicts or crises in the societies of countries that do not wish to receive migrants. In this article, I aim to determine the future role of Germany in addressing refugee and immigrant issues by drawing on historical lessons.

Critical problems such as the Arab Spring, the Syrian Civil War, and refugees fleeing conflicts in the Middle East have created a significant wave of migration and refugees to Europe, especially Germany. Germany, which hosts more than 1 million refugees, faces various challenges. Anti-foreigner sentiment, racism, the deterioration of European harmony, economic burdens, and the erosion of political culture are some of these problems. In 2015, German Chancellor Angela Merkel's "Willkommenskultur" migration policy created an opportunity for the emergence of the populist movement in Germany.

GERMANY'S IMMIGRATION AND REFUGEE POLICY

It is a well-known sociological phenomenon today that migration causes economic and social dynamism and changes both the demographic and social structure and the cultural texture of societies. The Second World War brought with it many situations, such as the reconstruction of the dynamics in Europe and the redrawing of the map, and in this context, it led to forced displacement. Part of German territory; In Russia, Poland, Lithuania, and the Czech Republic, about 12 million people have been displaced by countries such as the Republic of Turkey. Afterward, approximately 3.6 million people sought asylum in East Germany under the occupation of Soviet Russia, and from the establishment of the Federal Republic of Germany in 1949 until the Berlin Wall was built in 1961, approximately 3.5 million people migrated between East and West Germany. Germany, which was divided into two separate blocs after WWII, even though many ethnic Germans remain in other countries, and East Germany's approach to refugees West German society's approach towards refugees, immigrants, and asylum seekers West German society's attitude towards refugees, immigrants, and asylum seekers gained a new dimension, leading to the adoption of a new approach.

The main reason for this change of approach is seen in the Constitution. When the dates came to 1949, the main point on which the Constitution was based included the statement "Persons who have been persecuted for political reasons should benefit from the right to asylum," moreover, basic issues and approaches such as working in the Federal Republic of Germany with the person or persons considered to be within this scope, social rights, and the right to have the same rights as citizens were recognized and provided.

To give an example of refugee and migration flows that occurred on certain dates, see Hungarian refugees in 1965, refugees from the Czech Republic in 1968, and those fleeing from Chile in 1973, along with political asylum seekers fleeing from communist or socialist countries and seeking asylum, as well as those who fled from East Germany and flocked to West Germany and took refuge. When the dates came to 1963, 91% of the new asylum requests in Germany came from Yugoslavia. This rate is quite high. Within the framework of the Hallstein Doctrine, since 1955, due to the lack of diplomatic relations with East Germany and other countries it recognizes, and as a result of communication problems, those who do not meet the criteria for being a political refugee could not be deported, and this situation led to the emergence of the concept of "economic refugee". Children under the age of 16, refugees, and displaced foreigners were exempted from a residence permit under the framework of the Foreigners Law of 1965, and then foreigners who lived in Germany for 5 years and integrated into the culture were eligible to apply for an unlimited residence permit.

Between the years 1950 and 1970, which we consider to be the beginning of the migration and refugee issues, a critical period for Germany's migration process began, with families of people with guest worker status arriving in Germany from a variety of countries. At this point, it can be said that Germany forms the basis of experience on how to deal with immigration problems. Rather than being a country of immigrants, Germany is known as a country that accepts workers. After the Second World War, "guest workers" started to immigrate to West Germany, more precisely to the Federal Republic of Germany, to meet the need for workers, together with refugees or exiles, and then, with the Immigration Law adopted in 2005, Germany became a country of immigrants. Immigration policies were also reformed. However, the workers who went to Germany with the status of "guest workers" did not return later; they took their families with them through family reunification, and now they have taken the step from temporary to permanent. They number 2 million, which constitutes 26% of the population (Federal Statistical Office, 2020). In this context, Germany, which first accepted guest workers, is now described as a country of immigrants.

Refugee and migration flows continued rapidly during these dates when Germany started to be a country receiving labor migration. Today, the number of immigrants in Germany exceeds a quarter of the German population. In this respect, we can say that it forms the basis of experience for how Germany will deal with the immigration problem. Although migration processes are open-ended, we can collect the possible results under three main headings for three different orientations: The first is that immigrants and refugees can achieve harmony and integrity with the society they migrated to, i.e., integration. The second is the risk that immigrants and refugees may lose their identity within the cultural and social fabric of the society they live in, completely losing their previous identities through assimilation, in other words. Thirdly, the danger of migration causing social segregation and possible crises that may occur within the country as a result of differences of opinion. Three main formations affect the social and political life of Germany, positively or negatively.

A significant part of the population of the Federal Republic of Germany (1949), which was established after the Second World War, consisted of a population of between 12 and 14 million; moreover, it consisted of German refugees and immigrants who had existed for centuries in Eastern and Central Europe and tried to maintain their lives in a settled order. There was a segment. The second-largest migration movement was the "guest worker" migration that took place in 1955. In 1955, West Germany signed the first labor recruitment treaty with Italy, which was followed by similar other bilateral labor recruitment treaties with Spain, Greece, Turkey, Morocco, Portugal, Tunisia, and the former Yugoslavia between 1955 and 1968. In response to all this, West Germany has officially launched a "Guest Worker Program" with eight different Mediterranean countries, with the signatory countries stating that they can select suitable workers who immigrate to Germany to fill gaps in the German industrial sector on an ongoing and continuous basis. When the dates came to October 30, 1961, Germany signed a "Worker Recruitment Agreement" with Turkey, and as of this date, the number of Turkish immigrants in Germany started to increase rapidly.

MIGRATION POLICIES OF THE EUROPEAN UNION

Along with Europe's socio-economic prosperity, its positive perception of freedom, and its capacity, the migration movement is increasing day by day. In today's developing and changing world order, the issue of "migration" in the European Union extends beyond the economic sphere. The desire of people to migrate to different countries, particularly during and after the Second World War, which caused significant global upheaval and change, has escalated migration problems into a global crisis. After the Second World War, which resulted in substantial destruction, people were compelled to leave their countries for various reasons, including security concerns, economic difficulties, health issues, and education challenges. These individuals were later classified as "immigrants" and "refugees." The Arab Spring in the Middle East and the Syrian Civil War are two major issues that have had a profound impact on the world, leading to significant destruction and playing a central role in the refugee and migrant crisis. Since 2010, the number of people seeking to immigrate to Europe and seek asylum has been consistently high, with a daily increase. These circumstances, particularly the wars, conflicts, economic factors, and political instability in some regions of the world have exacerbated migration. As a result, the European Union has experienced an increasing number of problems related to refugees. When examining the EU's policies on immigrants, a distinction can be made between legal and illegal immigrants. For this reason, the EU's primary targets are employers of illegal immigrants, human traffickers, and those who profit from undocumented immigrants. The main components of the EU policy concerning immigrants who enter illegally are as follows:

• Returning immigrants who entered European Union countries illegally to their home countries while adhering to the fundamental Human Rights Charter.
• Collaboration with Transition and Source Countries.

To counteract the negative effects of uncontrolled migration in Europe and regulate migration decisions, a collaboration on securitization has been formed, transforming existing policies. In the 1990s, securitization processes elevated migration from a national to an international issue. Securitization treated migration as a matter of national and social security. These initiatives have resulted in tighter border controls, stricter visa checks and policies, and legal regulations and deterrent measures at the borders concerning third-country citizens. The basis of these changes can be traced back to the wave of immigration in 1973, which led several countries within the European Communities, particularly Germany, Belgium, Luxembourg, and the Netherlands, to sign the "Schengen Agreement." This agreement marked a significant and initial step toward establishing a common migration policy. The complexities of creating a common immigration policy for the European Union were exacerbated by factors such as member states' reluctance to transfer their sovereignty rights to the union, given its federalist sentiments and supranational character. Germany, on the other hand, played a crucial and influential role in shaping the immigration and refugee policies of the Union, primarily due to its significant political presence in the European Union. Furthermore, Germany is among the states with the highest numbers of immigration and asylum applications within the Union. Germany's advantages in fundamental areas, such as economic and social status, bolster its position and significance. The European Union (EU) has implemented various measures to manage migration flows into and within Germany. These measures include the Schengen Agreement, the Dublin Regulation, the Return Directive, and the European Migration Network.

Schengen Agreement: Signed in 1985, the Schengen Agreement allows for the free movement of people within the Schengen Area, which includes Germany and other EU Member States. Under the Schengen Agreement, individuals may travel freely between signatory countries, without the need for visas or other permits. The Schengen Area encompasses 26 countries, including most EU Member States.

Dublin Regulation: The Dublin Regulation is an EU law that sets out the criteria for determining which EU Member State is responsible for processing an asylum application. According to the Dublin Regulation, the country of first entry into the EU is responsible for processing an asylum seeker's application.

Return Directive: The Return Directive is an EU law that allows Member States to return people who are not lawfully present in their territory. The Return Directive defines the procedures and conditions under which people can be returned, including the right to an effective remedy and access to legal assistance.

CONCLUSION

Germany's immigration and refugee policy is complex and continually evolving. In the past, Germany's refugee and immigrant policy primarily focused on family reunification and granting temporary protection to refugees. In the present, Germany has adopted a more welcoming stance toward immigrants, providing more generous access to permanent residency and citizenship. Additionally, Germany has started to accept more refugees, especially those fleeing war and conflict, and has implemented more comprehensive integration measures. These measures include language classes, job training, and access to social services. Germany has also revamped its refugee and immigrant policy to enhance the legal framework for refugees and immigrants. This includes granting asylum seekers more rights, such as the right to work and access to health services. Furthermore, Germany has taken steps to improve its asylum system, including the introduction of an asylum procedure for people arriving from safe countries of origin. Germany has experienced an influx of refugees and immigrants from around the world, and the country is actively working to ensure their successful integration into society.

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