Experts, who also spoke before the Committee on Internal Affairs, are divided. Supporters hope it will provide urgently needed relief for the authorities. Critics warn of an infringement of the Basic Law - and of possible consequences for the protection of refugees.
What does "safe country of origin" mean?
The term "safe country of origin" plays a central role in German asylum law. It is regulated in Section 29a of the Asylum Act (AsylG). A country is considered safe if - based on the legal situation, administrative practice and political conditions - there is no systematic persecution there and human rights are generally respected.
For asylum seekers from these countries, this means in Germany:
- Your applications for asylum will be processed more quickly.
- Asylum applications are generally considered to be "manifestly unfounded".
- Only those who can prove that they are personally threatened or persecuted will receive a case-by-case assessment.
In practice, this leads to shortened asylum procedures, faster rejections and lower chances of legal protection. In addition, an appeal against a rejection generally has no suspensive effect. This means that deportation can take place even if the court has not yet made a decision.
How the classification has worked so far - and what is set to change
Previously, a country could only be classified as safe if the Bundestag and Bundesrat agreed. This process was often lengthy and politically controversial. Green-governed states in the Bundesrat in particular have repeatedly blocked corresponding laws in the past - for example in the planned classification of Morocco, Algeria and Tunisia.
The German government now wants to shorten this process: in future, it wants to be able to decide independently by decree which countries are considered safe. The CDU/CSU and SPD had already submitted a corresponding draft to the Bundestag in July 2025.
According to the coalition, faster classifications should make asylum procedures more efficient and facilitate the return of people without the right to stay.
Which countries are currently considered safe?
In Germany, the following countries are currently considered safe countries of origin:
- all member states of the European Union
- Albania
- Bosnia and Herzegovina
- Georgia
- Ghana
- Kosovo
- North Macedonia
- Montenegro
- Republic of Moldova
- Senegal
- Serbia
With the planned reform, other countries such as Algeria, India, Morocco, Egypt, Nigeria and Tunisia could be added to the list in future. In other words, countries whose classification has so far failed mainly due to resistance from some national governments.
Can the government bypass the Bundesrat and Bundestag?
At the heart of the current debate is the question of whether the Federal Government should be authorized to decide on the classification of safe countries of origin by decree alone.
This is not permitted under the current legal situation. The Basic Law stipulates a legislative procedure for such decisions with the approval of the Bundestag and Bundesrat. However, should the new draft law find a majority, the government would be able to independently determine which countries of origin are considered safe in future.
Criticism from constitutional and human rights circles
In last week's Committee on Internal Affairs, several experts spoke out against the law and warned of the constitutional consequences.
Wiebke Judith from the human rights organization Pro Asyl stated that the planned bypass of the Bundesrat was "unconstitutional" and weakened democratic control.
Stefan Keßler from the Jesuit Refugee Service Germany also criticized that the reform would "inappropriately expand the circle of those seeking protection" and exacerbate their plight.
Proponents see relief for authorities and courts
Supporters of the law point to the high workload in the German asylum system. Dr. Robert Seegmüller, judge at the Federal Administrative Court, explained that around half of the working time of administrative judges is currently taken up by asylum proceedings. The new law could therefore significantly relieve the burden on authorities and the judiciary.
Veronika Vaith, Head of the Central Foreigners' office in Lower Bavaria, also spoke out in favor of the reform. In practice, it has been shown that many asylum applications come from countries with a very low recognition rate. The new regulation would allow the administration to focus more on those who actually need protection and make the procedures more efficient overall.
Dispute over mandatory lawyer for detention pending deportation
In addition to the regulation on countries of origin, the draft bill contains another change: the abolition of the mandatory lawyer in deportation detention proceedings. This was introduced in 2024 to ensure that those affected automatically receive legal assistance during detention pending deportation.
Critics such as Pro Asyl see this as an important protection against unlawful deprivation of liberty. The planned abolition would "significantly worsen" the situation of many detainees.
Representatives of the immigration authorities see it differently: the mandatory lawyer has slowed down and complicated the execution of deportation in practice. The deletion of the regulation is therefore a necessary correction.
What does EU law say?
The classification of safe countries of origin is also an important issue at EU level. In August 2025, the European Court of Justice (ECJ) in Luxembourg made it clear that member states are allowed to maintain their own lists of safe countries of origin in addition to the EU list - provided that the decisions are subject to judicial review and take into account the situation of all people.
The court also set strict requirements: States may only be classified as safe if all population groups, including religious minorities, women, queer people and political activists, are effectively protected from persecution
Significance for asylum seekers in Germany
The reform will have a direct impact on refugees from countries that will be considered safe in the future: Their asylum applications would be processed and rejected more quickly in future. The time until a possible deportation would be shortened.
The possibility of taking legal action against a refusal would also be restricted - especially if there is no longer a mandatory defense. For those affected, this means less time to gather evidence or find legal assistance.
Conclusion: What happens next?
The bill will be discussed further in the Bundestag in the coming weeks. If the law comes into force, it would be one of the biggest changes to asylum law in years and part of the "migration turnaround" announced by the German government.
It is not yet known when the final decision on the law will be made. It is expected to be in the coming weeks. However, it is considered likely that the reform will find a majority in the Bundestag.
