Migration

Tübingen Appeal: "Right to Stay instead of deportation!"

Petition is directed to
State parliament of Baden-Württemberg (Committee of petitions)
686 Supporters 618 in Baden-Württemberg
3% from 21.000 for quorum
  1. Launched 10/03/2020
  2. Collection yet 11 months
  3. Submission
  4. Dialog with recipient
  5. Decision
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Since the adoption of the "Geordnete-Rückkehr-Gesetz" (law for orderly returning) in the summer of 2019, the German government has been prioritizing deportations more than ever before. Many refugees are threathened or directly affected by deportation, even if they are well integrated in Germany and are working or getting professional job training. We demand a better treatment of human beings who have been forced to flee war, human rights violations, poverty and ecological devastation. Instead of a political and administrative practice which aims at the highest possible deportation numbers, we want each individual case to be reviewed with a focus on the prospect to stay.

In order to accomplish this we need better laws, though! The "Beschäftigungsduldung" (§60d Aufenthaltsgesetz, ie. the exceptional permission to remain in Germany eg. if you have a fulltime job) which went into effect in January 2020 as part of the so called migration-law package is much too restrictive. As a result of this law, only very few people with a temporary leave to remain, who are well integrated and able to support themselves, will in fact be allowed to stay in Germany. This regulation especially lacks the legal security which is needed and demanded by employers. A more generous granting of the permission to work or to attend professional job training would allow these people to support themselves financially, and avoid the damaging of integration processes.

Reason

Therefore, we demand from the green-conservative government of Baden-Wuerttemberg,

  1. that no one shall be deported from Baden-Wuerttemberg while he/she is undergoing professional job training or is working on a permanent job position; especially we oppose deportations to countries which suffer from war and other crises.

  2. that the government actively pursues immediate improvements to the law of "Beschäftigungsduldung" (§60d AufenthG) which was adopted on January 1st, 2020.

Specifically, this means

  • that it should be sufficient if a person's identity is clarified at the time an application for a "Beschäftigungsduldung" is filed. The different time-limits described for clarifying one's identity are dispensable (sp. 1 st. 1)

  • that the condition of being in regular exceptional leave to remain for 12 months prior to being able to apply for a "Beschäftigungsduldung" shall be disposed of entirely (sp. 1 st. 2)

  • that, instead of the 18 months of prior employment which the current law demands, a prior employment period of 6 months is sufficient if the period of probation is over and the employer continues the employment relationship (sp. 1 st. 3)

  • the requirement to completely cover the cost of living is an absolute showstopper, both cynical and completely out of touch with real life. It is highly impossible to meet this requirement, especially for families and taking into account the high fees for accomodation in refugee housings run by the government. In addition, it should not be required that weekly work time is 35 hours minimum. It should be sufficient if the cost of living can be mostly self-covered (refer sp. 1 st. 5)

  • that the Beschäftigungsduldung should not already be withdrawn if only a single one of the eleven preconditional criteria are not met (anymore; sp. 3). Instead, the concerned persons should be given the chance to meet the missing preconditions (again) within a generous time-frame, during which they shall be granted a so called "Ermessensduldung" (ie. leave to remain by discretion)

  1. that the leave to remain shall generously be granted by discretion, until the person concerned can meet all requirements of the Beschäftigungsduldung

  2. that, in general, the obligations to cooperate in clarifying ones identity and the duty to acquire a national passport are handled in a much more measured fashion. Proving ones identiy by presenting valid identity documents to the authorities should not be sanctioned by employment bans, just because the obligation of providing a national passport has not (yet) been fulfilled. We demand that the Regierungspräsidium (regional board) in Karlsruhe and the local foreigner's offices to approvingly support all applications for a work permission, as well as all other request in this regard by the concerned persons, their lawyers and their supporters.

We demand that the green-conservative state government proposes these new regulations according to our demands to the Federal Council. If possible, these regulations should be implemented on state level in advance, by ministerial order.

We are demanding of our local administration to actively stand up for better chances to stay, instead of deportations!

First signees:

Bündnis Bleiberecht Tübingen | Vereinigung der Verfolgten des Naziregimes-Bund der AntifaschistInnen Tübingen-Mössingen | Jugendmigrationsdienst Tübingen | Arbeitskreis ehrenamtliche Flüchtlingshilfe Weststadt Tübingen | Offene Kirche Tübingen | DIE LINKE Kreisverband Tübingen | attac Tübingen | DGB Kreisverband Tübingen | Freundeskreis Asyl | Schellingstraße (FAS) Tübingen | adis e.V. | Fluchtpunkte e.V. | Bruderhausdiakonie - Projekt NIFA | Wählervereinigung Tübinger Linke - TüL | Ract!festival | move on - menschen.rechte Tübingen e.V. | Flüchtlinge am Werk e.V. | Lebenshaus Schwäbische Alb - Gemeinschaft für soziale Gerechtigkeit, Frieden und Ökologie e.V. | Kritische Uni Tübingen | Flüchtlingsrat Baden-Württemberg e.V. | Katholische Gesamtkirchengemeinde Tübingen – Stadtdiakonat | AK Asyl Südstadt Tübingen | Epplehaus Jugendkulturzentrum Tübingen | Asylzentrum Tübingen e.V. | Unterstützerkreis Asyl Dußlingen | AK Europastraße Tübingen | Wegrand-Stiftung Tübingen | Fachschaften-Vollversammlung | Gesellschaft Kultur des Friedens | Offenes Treffen gegen Faschismus und Rassismus Tübingen/Reutlingen (OTFR)

Contact: bleibrecht@mtmedia.org

We are asking all civil organizations and individuals from all of Baden-Wuerttemberg to join us and collect signatures for this petition in their regional area and their field of work. Please sign as your organization, too (just fill in the name of your organization in the field "Vollständiger Name").

Thank you for your support, Matthias Schuh from Tübingen
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