Scandal: Berlin immigration authorities ignore ruling

The trend of the German immigration authorities ignoring court rulings continues: The immigration authority in Berlin (State Office for Immigration (LEA)) is maintaining an unlawful administrative practice regarding the EU Blue Card , even though the Berlin Administrative Court had legally ruled otherwise.

What happened?

In its ruling of May 14, 2025 (case no. 29 K 122/24), the Berlin Administrative Court ruled that foreign skilled workers in Berlin may hold both an EU Blue Card and a settlement permit (see our blog post on the Berlin Administrative Court's ruling of May 14, 2025) . Prior to this ruling, the State Office for Immigration (LEA) had automatically declared the Blue Card invalid if a settlement permit was granted . A skilled worker had filed a lawsuit against this before the Berlin Administrative Court in order to be able to keep the EU Blue Card even after the settlement permit had been granted. The Berlin Administrative Court subsequently ruled that it was possible to hold an EU Blue Card and a settlement permit at the same time. The plaintiff foreign skilled worker was thus able to keep her EU Blue Card.

Berlin immigration authorities ignore ruling

Following the ruling, however, it has become clear that the immigration authorities in Berlin apparently do not intend to implement the ruling. Although the State Office for Immigration changed the internal administrative instructions for the authority's caseworkers on June 18, 2025, the practice, which the Berlin Administrative Court found to be unlawful, still appears there . For example, the official "Administrative Instructions on Staying in Berlin (VAB)" still states that the foreign skilled worker is a "former" holder of an EU Blue Card after the settlement permit has been granted, and that the EU Blue Card does not need to be extended . According to the official administrative instructions, the EU Blue Card must therefore still be returned upon granting of a settlement permit, even though the Berlin Administrative Court had stipulated otherwise.

Many foreign skilled workers affected

Tens of thousands of foreign skilled workers in Germany are affected by the ruling. According to statistics from the Federal Office for Migration and Refugees (BAMF), at the end of 2023 there were approximately 113,500 "former" EU Blue Card holders, of whom 76,765 received a settlement permit after receiving the EU Blue Card. According to the administrative practice of the immigration authorities, the EU Blue Card would have to be revoked from all settlement permit holders. This would mean a significant deterioration in the legal position of all 76,765 skilled workers , since without the Blue Card, for example, mobility across Europe would no longer be possible. Therefore, other EU countries recognize the European Blue Card but not the German settlement permit.

Dangerous trend: Court rulings on migration law are increasingly ignored

The Berlin administration's actions in the EU Blue Card case are among a list of administrative actions that are questionable from a constitutional point of view. Just a few weeks ago, the Berlin Administrative Court had ruled that the rejection of asylum seekers without an examination was unlawful ( Berlin Administrative Court, decision of June 2, 2025 - VG 6 L 191/25 ). In this case, too, the migration administration did not change its administrative practice, so that rejections at the Polish border continue as before (despite the Berlin Administrative Court's ruling).

Conclusion

Once again, the immigration administration is placing itself above the law and disregarding the constitutionally mandated separation of powers. Ignoring supreme court rulings jeopardizes legal certainty for tens of thousands of skilled workers and raises questions about the rule of law in the immigration administration. This approach is reminiscent of a worrying trend seen in the United States, for example: There, foreign nationals are repeatedly deported despite contrary court rulings – based on questionable administrative practices. Unlike in many of these cases, however, in Berlin, the deportation does not involve asylum seekers, but rather a highly qualified professional. With such disregard for the rule of law, Germany will hardly be able to overcome the shortage of skilled workers.