foreigners Authority
A foreigners authority (mostly abbreviated as ALB or ABH in different regions; also ZAB for Central Foreigners Authority ) or immigration office (ALA) exists in Germany mostly in every rural district or in an urban district with the task of enforcing immigration law . In some federal states, larger cities belonging to the district also have their own immigration authorities (e.g. in Hesse all cities with more than 50,000 inhabitants).
Material competence of the immigration authorities
The Länder implement the Residence Act as a separate matter ( Article 83 of the Basic Law ). General administrative regulations for the Residence Act were enacted in accordance with Article 84, Paragraph 2 of the Basic Law to ensure uniform federal enforcement . Immigration authorities are responsible for issuing or denying residence permits according to the respective purposes of residence of the Residence Act , the decision on the issuing of settlement permits , the decision and, if necessary, the execution of deportations or deportations . In addition to the respective residence permits, it also issues passport replacement papers . In addition, it decides on the issue of residence permits for asylum seekers - however, the implementation of the asylum procedure as such is the sole responsibility of the Federal Office for Migration and Refugees (BAMF) - and tolerances and travel documents for foreigners. In addition, a decision is made about the existence of the legal requirements for family reunification . Immigration authorities are involved in the issuing of visas .
In addition, there are a variety of tasks, such as a. temporal limitation of residence permits, refusal of residence permits, available by requests to leave after the Residence Act in the cases of the onset of obligation to , and clarify the identity of foreigners and obtaining necessary identity papers.
The responsibility of a foreigners authority is regulated in the Residence Act itself. In accordance with Section 71 (1) of the Residence Act, the immigration authorities are responsible for measures relating to residence and passport law and for decisions under the Residence Act.
Local jurisdiction
The local jurisdiction for a foreigner is not regulated by federal law, but is based on the supplementary state law. In general, the local jurisdiction is determined by the habitual residence of the foreigner.
Actual execution of the decisions
The immigration authorities are responsible for enforcing their own decisions terminating residence and the negative asylum decisions of the BAMF. You check the legal requirements for deporting the foreigner. They then report the respective flights to the responsible authorities. For the actual execution, she usually uses the respective national police. North Rhine-Westphalia is an exception , where the immigration authorities, which have the status of a special regulatory authority there within the meaning of Section 12 OBG , carry out the deportations and detention measures (Section 62 AufenthG) with their own enforcement officers. They have the same powers as police officers and, as enforcement officers, are protected by Section 113 of the Criminal Code.
Cross-agency communication
Each immigration office is connected to the central register of foreigners . If necessary, it corresponds with diplomatic missions and national police and judicial authorities. In addition, the law enforcement authorities are obliged to communicate the initiation of criminal proceedings to the immigration authorities. In addition, there is an obligation of the immigration authorities to inform the bodies dealing with illegal employment , trade law and criminal prosecution.
Law and supervision applied by the immigration authorities
The law on aliens is federal law . However, corresponding application instructions from the respective interior ministries or interior senators of the federal states and city-states also apply. In addition, it is possible for the interior ministers of the federal states to make corresponding regulations, for example within the framework of regulations on the right to stay in accordance with Section 23 (1) Residence Act.
The technical supervision is carried out by a higher authority or a district government of the respective state , if one exists, otherwise the Ministry of the Interior as the highest state authority.
See also
Individual evidence
- ↑ General administrative regulation for the Residence Act of October 26, 2009 (PDF; 2.1 MB).
