Germany Faces Critical Challenges in Migration Policy Ahead of 2026 EU Asylum Reforms

In 2025, Germany's migration and asylum policy faced significant scrutiny amid ongoing challenges in enforcement, cooperation with EU partners, and legislative hurdles. Daniel Thym, a leading asylum law expert, voiced critical concerns about the German government's approach, asserting that despite public signals of managing migration, a systemic transformation has yet to materialize. Thym pinpointed three major issues demanding attention: improving enforcement of asylum decisions, simplifying the complex EU asylum regulations, and introducing a stricter interpretation of human rights to regain national autonomy.

Thym highlighted the EU's newly agreed solidarity mechanism designed to fairly distribute migrants across member states as a positive step. However, he expressed cautious optimism regarding its implementation, especially concerning cooperation with Italy and Greece for returning rejected asylum seekers under the previously dysfunctional Dublin system. Challenges remain notwithstanding the anticipation that Germany's internal border controls might end by mid-2026, coinciding with the rollout of the Common European Asylum System (GEAS).

Domestically, the legislative process to update asylum laws has stalled, causing delays in addressing enforcement and procedural inefficiencies. Thym emphasized the necessity for Germany to actively shape the interpretation of human rights protections to balance humanitarian obligations with practical migration control, particularly for rejected applicants facing severe poverty.

This critical evaluation underscores the gap between political rhetoric and substantive reforms as Germany prepares for the next phase of EU asylum policy integration. The coming year will test the government's ability to implement effective cooperation mechanisms with southern European countries and streamline asylum procedures in line with EU standards. The solidarity framework aims to ensure equitable burden-sharing but its efficacy depends on robust enforcement and cross-border collaboration, areas that currently face uncertainty.

With Germany transitioning towards new EU-driven asylum rules, experts like Thym call for decisive policy action to address systemic weaknesses to manage migration flows sustainably while safeguarding human rights.