The factors that drive immigration control policy outcomes are plentiful as numerous scholars have attempted to explain why. Each of these offerings explain more sufficiently than others depending on the context of the outcome, whether it be countries, political systems, or types of immigration. I will assess Germany's 1993 Amendment to Basic Law, also known as Article 16a, which concerns the status of asylum seekers and refugees, through the lens of Christian Joppke's argument. Joppke contends domestic constraints, not international factors, need to be considered in light of policy outcomes, namely, the moral obligations and role of public opinion. I argue that this aspect of Joppke's hypothesis can explain partially the outcome of Constitutional Amendment 16a in Germany but the influence of client politics as well as economic factors have to be considered as well.
[...] Article the 1993 Amendment to Basic Law continues to hold respect the individual rights for asylum seekers however it adds a stipulation concerning countries and the concept of state of first refuge. This concept aims to limit entry in Germany by asylum seekers by requiring those seeking refuge from their homeland to apply for asylum in the first country they entry. Such states include Austria, the Czech Republic, Finland, Norway, Poland, Sweden, and Switzerland (Blay and Zimmerman 365). Germany is surrounded by these countries, so in essence, Germany will not receive many asylum applications. [...]
[...] on the domestic front a complex set of sociopolitical and economic factors necessitated reassessment of the country's asylum (Blay 362). The reassessment of Article 16(2) of the Constitution, which was the primary source for German asylum and refugee law at the time, took into consideration the current status of refugees in Germany. massive cost of financing the reunification program limited the Government's resources and made it harder to fund a large population of aliens, most of whom might not qualify for refugee status anyways,” (Blay 363) coupled with the fact that Germany was going through a recession most definitely influenced the way the new law was written. [...]
[...] Year Number of Applications Submitted 1987 57,379 1989 121,318 1992 438,191 1997 104,353 Organization for Economic Cooperation and Development (2008), United Nations High Commissioner for Refugees (UNHCR) 2001 The Berlin wall fell in 1989 as well as the final demise of communism, coupled with various civil wars in surrounding countries expounded the situation. The collapse of Yugoslavia, which begin in 1991 created a situation of great ethnic cleansing and bloodshed and citizens of Yugoslavia had to flee for their lives. [...]
[...] importance of moral obligations in explaining immigration control policies. Joppke is in agreement with Freeman's client politics model as an explanation for the outcomes of certain immigration policies in liberal states. The client politics model a form of bilateral influence in which small and well- organized groups intensely interested in a policy develop close working relationships with officials responsible for (Joppke 529) is what Freeman believes to be what immigration policy in liberal states is based on. The other tenet of the client politics model is the concept of the “antipopulist norm [that] will induce elites to seek consensus on immigration policy and to remove the issue from partisan politics” (Joppke 529). [...]
Online readingwith our online reader
Content validatedby our reading committee