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The picture shows an Iraqi refugee camp. In the foreground, a woman carries food to the tents. A new law is to allow refugees from Iraq to stay in Germany without a visa until 2028.

No more deportations? New law to protect Yazidis in Germany

The Alliance 90/The Greens parliamentary group wants to introduce a new right of residence for Yazidis with Iraqi citizenship. A corresponding draft bill has now been submitted. The aim is to create a perspective to stay for survivors of the genocide by the so-called Islamic State (IS) - even for asylum seekers without a secure livelihood or visa.
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Christin Schneider
Expert for Immigration law

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Residence permit required until 2028 - even without a visa or income

Specifically, the draft stipulates that Yazidis who have entered Germany by July 31, 2025 will receive a residence permit for three years - regardless of whether they have entered the country with a visa or are able to secure their livelihood.

The regulation is to apply uniformly throughout Germany and run until July 31, 2028. After that, a transition to a long-term residence permit would be possible.

The law is intended to reduce bureaucratic hurdles: Individual case reviews are to be eliminated, which will save the authorities time and effort and give those affected security and facilitate integration.

Bundestag recognized genocide in 2023

In January 2023, the Bundestag classified the crimes committed by IS against the Yazidis in northern Iraq as genocide. According to UN figures, thousands of men have been killed and more than 7,000 women and girls abducted since 2014. Around 2,000 are still missing.

As a result of the genocide, many Yazidis fled to Germany. Between 2015 and 2019, over 75,000 people came from this community. It is estimated that between 100,000 and 200,000 Yazidis now live in Germany - the largest Yazidi diaspora outside of Iraq.

According to the Greens, a return is still not reasonable for many. The Sinjar region remains unsafe: there has been repeated violence by local IS cells, Iranian military operations and other armed actors.

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Germany has a "responsibility to protect victims of genocide"

The draft law also states that the German government has so far only fulfilled its responsibility to protect to a limited extent. In 2023, only 53% of Yazidi asylum seekers from Iraq were granted protection status. Since then, many of them have been living with uncertain residence status, which makes integration considerably more difficult.

With the new law, the Greens want to draw the political consequences from the recognition of the genocide. Germany has a special historical responsibility, especially towards the victims of serious human rights crimes.

Ban on deportations to Iraq so far only temporary - no permanent solution

In recent years, deportation bans for Yazidis have been repeatedly imposed at state level - for example in North Rhine-Westphalia, Thuringia, Rhineland-Palatinate and Schleswig-Holstein. However, these were limited in time, which the Greens believe cannot be a permanent solution.

An extension of the deportation bans requires the approval of the Federal Ministry of the Interior. Several federal states have long been calling for a nationwide ban on deportations. However, at the Conference of Interior Ministers in June 2024, a corresponding initiative failed due to a lack of agreement with the federal government.

The Greens are therefore calling for a uniform federal right of residence that offers those affected permanent protection and at the same time enables legal certainty and integration.

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Background: Deportations despite recognition of the genocide

Despite the clear stance of the Bundestag and the ongoing insecurity in Iraq, deportations have recently taken place again. According to the Federal Ministry of the Interior, a total of 399 people were deported to Iraq in 2023 - including Yazidis. In 2024, the number rose to 699.

The human rights organization Pro Asyl estimates that between 5,000 and 10,000 Yazidis in Germany are currently required to leave the country. In view of these figures and the situation in their country of origin, the Greens are calling for a legally enshrined solution for this particularly vulnerable group.

When will the law come into force?

The law is currently only a proposal from the Green parliamentary group. In order for the regulation to actually come into force, the Bundestag must approve the proposal by a simple majority. The first consultations are not expected until September 2025 at the earliest.

It is currently difficult to predict whether the new law will receive a majority - especially as it stands in contrast to the federal government's current rather restrictive asylum and migration policy.

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Anna Faustmann
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Anna Faustmann is an editor at Migrando . With her sound education and many years of experience in journalism and digital marketing, she brings a deep understanding of the conception and creation of ...