Resistance against Deportations

We have this information flyer in these languages (PDF): Urdu-اردو, Tigrinya-ትግርኛ, Serbian-Српски, Pashto-پښتو, Russian-русский, Farsi-فارسی, French-Français, English, Arabic-عربى, German-Deutsch

HOW DO DEPORTATIONS HAPPEN IN BERLIN AND BRANDENBURG?

There are no certain indicators for whether you are immediately threatened by deportation. But it is possible to know if you generally could be deported – or not. Always ask a lawyer or legal counseling for help.

Most deportation raids happen during the night between 02:00 – 08:00. You are not informed of the date and time of a planned deportation. Police might come to your home or might arrest you at the Ausländerbehörde. Mostly deportations happen through flights. Usually they deport families together, sometimes separately after a first failed deportation attempt. They might shortly put you in a deportation prison. However, below are ways that people have resisted deportations:

RESISTING A DEPORTATION AT HOME

– People sleep at a friend’s place if they hear about an upcoming deportation. Sometimes people switch rooms with a friend within the camp.
Attention: although police is legally only allowed to search your room, they often search the whole camp to find you.
– People organize night shifts so that one person is always awake in order to alert others if police is arriving. Whistles have been used as alarm systems.
Attention: in some cases, police reacts with violence and arrests when people resist deportations.
– People living in a rented apartment often do not answer the police if they are knocking. You can ask them for a warrant.
Attention: police have in rare cases broken the door to get in
– If you have a doctor’s certificate proving you are unfit to travel due to psychological or physical conditions, you should show the certificate to the police.
– Some people lose their passport and do not ask for a new one. Some countries will not accept their citizens to return without passport. Ask legal counseling.

RESISTING DUBLIN DEPORTATIONS

– The so-called Dublin system forces people to apply for asylum in the first European country they enter. For example, if your fingerprints were taken in Italy, Germany will try to deport you back there. If Germany doesn’t manage to deport you within 6 months, Germany will become responsible for your asylum case.
– If the German authorities believe you are hiding from deportation, they will extend the 6 month deadline to 18 months. Some people hide for 18 months until Germany becomes responsible for their asylum procedure.
– Some churches offer safe spaces during threat of a Dublin deportation. Ask a local pastor or priest.
Attention: Ausländerbehörde sometimes gives people a letter demanding them to stay in their room every night. That means mostly they will come for deportation within the next days or week. In this case, most people do not sleep in their room but leave a note on their door saying they went for a walk, to a bar / night club (on that note you have to put your name, date and full address of where you’re going).
Attention: Always contact legal counseling for how to deal with a Dublin procedure.

RESISTING A DEPORTATION IN COMMERCIAL AIRPLANES

– Towards the airport, you have the right to contact a lawyer. Ask for a phone call.
– Once in the plane: people have resisted by shouting out loud, refusing to sit down or lying on the ground. They informed everyone on the plane that they are being deported against their will and asked other passengers to support their resistance. If even one passenger doesn’t sit down, the plane cannot start.
– Sometimes, people demanded to talk to the pilot. Every pilot can refuse to start the plane if it is clear that someone is deported against their will.
Attention: police are often violent towards people who refuse to sit.
– If you are very sick, the deportation might be stopped.
Attention: sometimes police attempts to force you in taking sleeping pills. You always have the right to resist any medicine.

RESISTING A DEPORTATION AT AUSLÄNDERBEHÖRDE

– Most deportations happen before midday. Therefore, people often go to Ausländerbehörde only in the afternoon. People often do not go on the day of an appointment to Ausländerbehörde, but instead go there the next day with a sick note from a doctor, or one day before.
– People often bring a friend with them to Ausländerbehörde in order to help them not get deported by accompanying in the office or watching for police.
Attention: once they know you’re in the building, police squads can look for you around the building. After giving their papers, sometimes people leave the building and let their friend stay in the waiting room to pick up the new papers.

LONG TERM PREVENTION OF DEPORTATION

There are several pathways for receiving a right to stay in Germany.
– Medical reasons: a doctor’s certificate (“Attest”) proving that someone is unable to travel due to physical or psychological reasons can delay or stop a deportation.
Attention: such a certificate needs to be very precise. Speak to a lawyer or counseling if your doctor’s certificate is sufficient.
– Ausbildung: if you speak good German (ideally B1 or better), it is possible to do a professional training for 1-4 years, called Ausbildung. Most people doing a professional training are not allowed to be deported (“Ausbildungsduldung”). After completion of the Ausbildung, you might get a permit to stay in Germany.
Attention: speak to a lawyer or counseling if you think Ausbildung is an option.
– Marriage: when marrying anyone with German or EU passport (or sometimes permanent residency papers), you’re given a permit to stay in Germany.
Attention: for information on what requirements you need to fulfill in order to marry, please speak to a lawyer or legal counseling before starting this process.
– Härtefallkommision: if you have strong humanitarian reasons and can show extraordinary integration efforts (speaking good German, having a job), this committee considers special cases. In rare cases, residence permits are given.
Attention: speak to a lawyer or counseling (“Härtefallberatung”) about this option.