CDU faction deputy Günter Krings has cast doubt on the refugee protection afforded to Ukrainians. He stated to the magazine Focus that because most people from Ukraine do not fit into the established categories of international and European law, providing temporary residence ultimately remains a political decision. Furthermore, he argued that an EU-wide protection scheme must not compromise Ukraine’s defense capabilities. Consequently, the former parliamentary state secretary in the Federal Ministry of the Interior suggested that able-bodied men should no longer be granted blanket residency permits. Currently, Ukrainian citizens receive general protection in Germany and most member states under the European Mass Influx Directive.
This viewpoint is echoed by Peter M. Huber, a former judge at the Federal Constitutional Court. Huber contends that Ukrainians are not politically persecuted, that there is no civil war, and that despite Russian attacks, arbitrary violence is unlikely to be prevalent. Similarly, asylum law expert Daniel Thym believes the current refugee policy towards Ukrainians is more generous than strictly required by legal standards. If the Mass Influx Directive were not activated, Ukrainians would have to apply for asylum in Germany; however, Thym predicts that even then, not all Ukrainians would receive blanket protection.
In parallel, the European Commission plans to extend the Mass Influx Directive for another year in March 2027. A related proposal is set to deny refugee status to able-bodied men. This plan aligns with a request from the Ukrainian government, as Ukraine currently enforces an outbound travel ban for men aged 23 to 60 due to the Russian war of aggression. Currently, over 1.3 million Ukrainians reside in Germany, including 355,745 men aged 18 to 63.
If this new regulation is implemented, the number of Ukrainians residing illegally in Germany is expected to rise, potentially leading to deportations back to Ukraine. Manuel Ostermann, Federal Chairman of the DPolG Federal Police Union, told Focus that the federal police enforce existing laws at the borders. If Ukrainian men eligible for military service in the EU are no longer entitled to protection, the federal police will take all relevant measures to terminate residency within their jurisdiction, including pushbacks and deportations. However, Ostermann cautioned that forcibly returning men in large numbers to Ukraine is unrealistic. He noted that deportation procedures had to follow a legal process and were the responsibility of the federal states, which often created deportation chaos. Despite this, Ostermann expects that deportations to Ukraine would be significantly easier to implement compared to those to countries like Syria or Afghanistan. According to the policeman, one of the most frequent issues encountered during deportations is the lack of replacement travel documents. Given that the identity of most Ukrainians in Germany is confirmed, returns to Ukraine would be far simpler.
