Kirchenasyl Faces Increasing Pressure Amid Political and Societal Debate in Germany

The practice of Kirchenasyl (church asylum) is currently under intense scrutiny as political leaders, churches, and society clash over its future and legal boundaries. Hamburg Mayor Peter Tschentscher sharply criticized Berlin's handling of Kirchenasyl after the city's police refused to aid Hamburg’s request to enforce deportations of Afghan refugees who had sought sanctuary in a Berlin evangelical church. These refugees were subject to a Dublin Regulation transfer to Sweden, where they had first applied for asylum. The Federal Office for Migration and Refugees had rejected the church’s hardship petitions.

The refusal to break Kirchenasyl in Berlin, despite Hamburg’s official request for assistance, has heightened tensions between church communities and state authorities. Public opinion reveals a majority disapproves of Kirchenasyl, with 51% against and only 30% in favor, reflecting a divisive national debate.

Former SPD politician Christian Lange quit the evangelical church, criticizing Kirchenasyl as a disregard for the rule of law. However, theologians like Elmar Nass and Reiner Anselm call for a nuanced discourse, suggesting Kirchenasyl should only intervene in clear procedural deficiencies. Evangelical North Church refugee officer Dietlind Jochims defends Kirchenasyl's role in highlighting potential state errors, underscoring its necessity in a just legal system.

With increasing incidents of Kirchenasyl being challenged by authorities and strained cooperation with the migration office, churches face mounting pressure. Although Berlin upheld Kirchenasyl in this case, a refugee was later deported after leaving church protection, illustrating the complex enforcement dynamics.