Embarrassing: Government loses AGAIN in court over border rejections

Those who venture to Germany as highly qualified professionals , international students, or expats rely on the proverbial German legal certainty. They expect bureaucratic hurdles, but they trust that existing laws are binding for both immigrants and state authorities . However, this very trust is shaken when the federal government repeatedly oversteps the bounds of what is legally permissible in its migration policy and is rebuffed by its own courts. In a recent ruling, the Berlin Administrative Court has once again , albeit almost unnoticed by the public, delivered a legal rebuke to the practices of Federal Interior Minister Alexander Dobrindt. For foreign academics, young professionals, and also for HR departments of German companies, this raises fundamental questions about the stability and reliability of German immigration law.

Why was the German government's border policy once again in court?

Back in the summer of 2025, a decision by the 6th Chamber of the Berlin Administrative Court caused considerable controversy when it declared the blanket rejection of asylum seekers at Germany's external borders to be contrary to European law . At the time, the political leadership attempted to dismiss the ruling as an isolated case decision in order to continue the controversial border control practice. However, in a new expedited proceeding on May 22 (Case No. 28 L 270/26 A), the 28th Chamber of the Berlin Administrative Court has now emphatically dismantled this argument of the Federal Government.

The specific case involved a man from Eritrea who, after an unlawful deportation and subsequent rejection at the border, was stuck in Warsaw for months. The court unequivocally ruled that this rejection was unlawful and that the man must be granted entry into Germany . For us, as a law firm specializing in visa law, this case clearly demonstrates that the legal system in Germany functions effectively, even when politicians attempt to create a fait accompli.

Which laws take precedence when entering Germany?

The court's legal reasoning underscores a central principle of modern migration law: European law takes precedence over national law. The Federal Police based their rejections on national regulations such as Section 15 of the Residence Act (AufenthG) and Section 18 of the Asylum Act (AsylG) . However, the Berlin Administrative Court clarified that these national regulations are completely superseded by the European Dublin III Regulation . As soon as a person expresses an asylum application or a desire for protection at the border, the binding European procedure for determining the responsible member state is triggered. An arbitrary, informal rejection at the border undermines these due process procedures and violates the enshrined right to a fair trial. Unilateral national actions at the borders are not legally permissible under harmonized European asylum and visa law.

What does the specious argument of a "national emergency" mean?

To justify the controversial measures, the German Federal Ministry of the Interior repeatedly invokes the existence of a "national emergency" as defined in Article 72 of the Treaty on the Functioning of the EU . This provision theoretically allows member states to deviate from EU law in extreme crisis situations in order to guarantee public order and internal security.

The court, however, completely ignored this argument in its recent ruling – a clear indication of how legally untenable this line of reasoning is considered. The federal government has so far failed to present any reliable data to substantiate such a fundamental threat to internal security. The fact that the authorities presented no concrete facts regarding an emergency during the court proceedings exposes their political rhetoric. For highly qualified professionals from countries like the USA , Canada, or Great Britain , who wish to perceive the German rule of law as a reliable partner, this government maneuvering is unsettling.

What are the consequences of this ruling for expats and employers?

Even though this case primarily concerns asylum law, its impact on the entire spectrum of skilled worker immigration and visa law is noticeable. If the German government is prepared to ignore established EU law in pursuit of political goals, Germany's international reputation as an attractive destination for immigrants will suffer. Top talent seeking to come to Germany via an EU Blue Card or a traditional work visa needs absolute planning security for themselves and their families . HR departments and human resource managers desperately seeking foreign specialists depend on transparent entry procedures that strictly adhere to the law. Arbitrariness or legal gray areas at the borders undermine all efforts to effectively combat the skilled worker shortage. As a law firm, we therefore advise employers and expats to ensure complete documentation at every stage of the visa process, as administrative practice is currently characterized by political nervousness.

What happens next in the dispute over border controls?

The German government's political narrative that these are merely isolated legal "cases" has definitively collapsed after this second court defeat. Two independent chambers of Germany's largest administrative court have ruled the same practice unlawful. The next test for the government's migration policy is just a few weeks away: On July 9, the Karlsruhe Administrative Court will hear the main case of a foreigner who was turned back at the French-German border. Should the case be defeated there as well, the entire house of cards of the current border control strategy threatens to collapse. Nevertheless, it is unlikely that the current federal government will be swayed by court rulings. The separation of powers is being trampled underfoot here in Trumpian fashion, while the whole world watches.

Conclusion

The repeated legal defeats of the German government demonstrate that the rule of law functions and puts a stop to politically motivated violations of the law at the border. For highly qualified foreign professionals , students, and expats, this is good news despite the initial confusion: the German legal system protects the individual from state arbitrariness. Nevertheless, the current situation illustrates how complex and vulnerable immigration law can be during times of political debate. As a law firm specializing in visa law, we support you and your company in navigating the thicket of legal regulations and successfully asserting your rights of entry and residence.