context.24 They also seem to have a lion’s share of arrests
for immigration offences: 5152 (2011-2012) compared
to South Yorkshire (18 arrests for immigration in 2010);25
Devon (348 in 2011);26 Suffolk (97 in 2011).27
b). Germany
The institutional structure of German inland
immigration enforcement differs from England. They
have no special immigration enforcement unit like the
UKBA. Instead, illegal residence is a criminal offence
across Germany and as such, the police have the duty to
investigate it.28 Furthermore, apart from a brief period
under the Third Reich, policing has been federalised since
1871. Today, Germany has one federal police agency (the
‘Bundespolizei’) — responsible for border zones, airports
and transportation hubs — and 16 ‘Länderpolizei’. Both
are responsible for enforcing immigration control.29
The UK and Germany also differ in terms of police
discretion around ID checks. Every German citizen has to
have an identity card and has to retrieve it within a
reasonable time frame when asked. In general, German
police need reasonable suspicion of a crime in order to
demand ID. However, like s.60 in the UK, a number of
‘Länder’ have nominated ‘dangerous areas’ where this is
not a requirement.30 Furthermore, the federal police and
all but six of the ‘Länderpolizei’ introduced checks
without concrete suspicion — known as
‘Schleierfahndung’31 — within a 30km reach of a border
area and in important traffic areas, like motorways,
airports or train stations.32 These powers were introduced
on the day that internal borders were lifted between
Germany and its continental neighbours under the
European Schengen agreement and are linked to the
fight against cross border organised crime and illegal
migration.
Together, these initiatives have given German police
considerable discretion to ask for identification papers
and to search individuals without reasonable suspicion or
specific incident (ECRI 2003). Yet again, a key question is
the extent to which the police use their powers to target
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
immigration offences. The first point is that 55, 087
persons were arrested for immigration offences in 2010
by the inland police forces of Germany.33 This means a
considerably higher number of illegal immigrants are
identified in Germany by the police alone than illegal
immigrants in the UK by the UKBA and police forces
together.
German ‘police criminal statistics’ reveals a northsouth divide in enforcement. Unlike the UK, where
London is a hotspot for immigration action, Berlin —
German’s multicultural capital, set in the north east of
the country — has among the lowest arrest rates for
immigration crimes. Similarly, police in the northern
harbour town of Hamburg ‘rarely’ conduct street raids
for immigration offences, instead using ‘dangerous area’
powers to target persons under the influence of drugs or
alcohol, football hooligans and protestors. By contrast,
the southern states of Hessen and Bayern have the
highest arrest rates for immigration crimes. Police in
Baden Württemberg are instructed ‘to conduct at least
one monthly stop and a search operation targeting
illegally resident foreigners’. 82 per cent of people
stopped under Bayern’s checks without concrete
suspicion were foreign nationals.34
Finally, in the months following the July 2005
London bombings, Hessen, Württemberg and Bayern
and saw mass identity checks in the vicinity of mosques
and in Muslim owned business and areas. German
officials interviewed in a recent study35 were keen to
emphasise that a judicial warrant is required before a raid
can be conducted and say that that every raid has a casespecific evidentiary basis linked it to ‘criminal Islamic
structures’. However, a counter terrorism officer admitted
that ‘the main goal of these controls is to find people
who are living in Germany illegally or [engaged in] other
related crime.’36
Germany differs from the UK in another key respect:
the legality of using skin colour as a reason for inquiring
about immigration status. Recently upheld in a
administrative court decision in Koblenz,37 racial profiling,
Ministry of Justice. (2011) ibid.
FOI. Available at: www.whatdotheyknow.com/request/arrests_for_illegal_immigration
FOI 002731/12.
FOI 597/11/12.
163b Strafprozeßordnung (German Criminal Procedure Code).
Doomernik, J. & Jandi, M. (2009). Modes of Migration Regulation and Control in Europe. IMSCOE
The Hamburg ‘Gefahrengebeit’ and the Berlin ‘Kriminal belastende Ort’ are two examples of this. See Schneider, C. et al. (2010).
‘Demokratisierung der Polizei Beiträge zu einer Fachtagung der Fraktion DIE LINKE in der Hamburgischen Bürgerschaft.’ DIE LINKE, Hamburg.
Graf, S. (2006). Verdachts — und/oder ereignisunabhängige Polizeikontrollen Duncker & Humblot.
Vogel, D. et al (2009). ‘Police cooperation in internal enforcement of immigration control-Germany, United Kingdom and the United States
of America.’ p. 207-244 in Immigration, Crime and Justice, Sociology of Crime, Law and Deviance, edited by W. MacDonald: Emerald
Publishing.
Bunderministerium des Innern. Polizeiliche Kriminal Statistik 2010. (Police Criminal Statistics).
Kant, M. (2000). Stops and Suspicion: Migrants caught in the centre of the investigation. Civil Rights and Police.
Neild, R. (2009). ETHNIC PROFILING IN THE EUROPEAN UNION: Pervasive, Ineffective and Discriminatory. Open Society: Justice Initiative.
Ibid p.66. Between 2001-2003, the German authorities also attempt to identify ‘sleepers’ of terrorist organisations by the
Rasterfahndung method, i.e. the screening by the police of personal data sets of public or private bodies in order to track individuals
presenting suspects’ features. The program was both ineffective (no terrorist suspects were arrested) and hugely disproportionate, with
32,000 persons identified. In 2006, the policy was found to be be unconstitutional.
Administrative Court of Koblenz, judgement of 28 Feb 2010, document number 5 K 1026/11.KO.
Issue 205
Prison Service Journal
31
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