Migration turnaround à la Trump: Is Chancellor Merz already reaching his limits?

He wanted to start with a bang – and promptly slid into the first political mess: Barely in office, Chancellor Friedrich Merz had his Interior Minister Alexander Dobrindt (CSU) implement the first step of his announced migration turnaround on Wednesday. From now on, the CSU official announced stricter border controls and more rigorous rejections, signaling a new, tough approach.

The message was clear: Germany may not be closing its borders completely, but it will make it even more difficult for asylum seekers to cross. A measure many people in Germany support. But instead of applause, criticism rained down from European partners. In Warsaw and Bern, people were irritated, while in Brussels , they were alarmed. The incomprehension grew even greater when a media report circulated that the German government had even declared a "national emergency" to justify the measures—a term that is highly controversial both legally and politically.

The reaction was not long in coming. Government spokesman Stefan Kornelius immediately denied that there was any question of a "state of emergency." Then, on Friday, there was another retreat: During his inaugural visit to Brussels, Chancellor Merz attempted to limit the damage. There had been "some irritation," he admitted, but everything was being done "in accordance with European law."

Reality catches up with the slogan: This is why the Chancellor had to backtrack

During his election campaign, Merz made one thing unmistakably clear: irregular migration should be stopped – if necessary, by a national unilateral effort. On the first day of his chancellorship, he got serious. Using his directive authority, he instructed Interior Minister Dobrindt to immediately impose stricter border controls. Anyone entering without valid documents – even those with protection status – should be turned away. Children, pregnant women, and other vulnerable groups are the exception.

Merz implemented what he had promised during the election campaign. Instead of debates in the Bundestag, there are now announcements from the Chancellery. The method is somewhat reminiscent of the political style of Donald Trump. During his time in office, he too preferred decrees, "executive orders," to demonstrate political strength and avoid tedious parliamentary procedures. In doing so, the Chancellor not only replicates the tone of a determined doer, but also the political tool of his US counterpart: governing by decree, if necessary against the resistance of his own partners. But Merz is currently encountering a lot of headwind and the realization that it is not quite that simple.

Politics or emergency: This is what the government is referring to

In order to push back more people at the German border – including asylum seekers – CSU Minister Dobrindt is invoking a special EU clause: Article 72 of the Treaty on the Functioning of the European Union. This allows for deviations from European law in certain situations – for example, to protect internal security. In order to implement the stricter measures, "Section 18 is the relevant provision in the Asylum Act, which we use in connection with bilateral agreements and also in conjunction with Article 72," Dobrindt said on Thursday evening on Maybrit Illner's ZDF talk show.

He thus suggested that Germany could resort to this exception to legally protect against rejections. Last year, the CDU and CSU had already called for the use of Article 72. The goal was to enable "comprehensive rejections"—that is, to turn people away at the border, even if they intend to apply for asylum. According to legal experts, the application of Section 18, Paragraph 2 of the Asylum Act requires the application of EU Article 72.

At the same time, the German government contradicted reports of a possible worsening of the situation. The newspaper Welt had reported that Chancellor Friedrich Merz (CDU) wanted to declare a "national emergency" in order to legally secure the measures. Government spokesperson Stefan Kornelius clarified: "The Chancellor is not enacting a national emergency." Dobrindt also reassured during the panel discussion that German asylum law remains the basis for the approach. "Of course," however, "everything is integrated at a European level." Dobrindt stated that they are in "close contact" with the responsible authorities in the EU. The rejections should be carried out in a way that does not overburden neighboring countries. What this will look like in concrete terms is unclear. The Federal Ministry of the Interior has so far left a query from the Berliner Zeitung unanswered.

Delicate start of the government: Merz has to put everything into perspective in Brussels

But while a majority of Germans support the plans, the proposal is not well received by neighboring countries – a fact the Chancellor immediately felt. The Polish government spoke of "uncoordinated unilateral action." Prime Minister Donald Tusk made it clear that Poland would not accept any refugees from Germany. The Polish Prime Minister continued on the domestic political situation in Germany: "The AfD, that's your problem, Mr. Chancellor."

Switzerland even criticizes the stricter rules for migrants at Germany's borders as unlawful. "Systematic rejections at the border violate applicable law from Switzerland's perspective," the Swiss Ministry of Justice wrote on X. In Austria, the reaction to Dobrindt's migration plans was more relaxed. "The increased efforts in Germany to combat human trafficking and illegal migration" were even "welcomed," it said.

In Brussels, however, there was little amusement. And so the Chancellor struck a conciliatory tone on Friday. During his inaugural visit to the EU Commission in Brussels, Merz emphasized that an "emergency" had by no means been declared to justify permanent border controls. Forgotten were the emergency rhetoric and unilateral actions; instead, the message was: "Full information" to neighboring countries – and everything "in accordance with European law."

And now? According to the Federal Police , border controls have been intensified since Wednesday. They said they have increased their staffing levels. A spokesperson for the Federal Police in Bavaria, for example, confirmed that border controls are being conducted as announced by Dobrindt: "From now on, individuals who submit a request for protection but do not meet the requirements for entry will also be turned away." Vulnerable groups such as pregnant women and small children will continue to be referred to initial reception centers.