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A Summary of the Immigration Act of July 30, 2004 (Press Report, 2004)

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• Obligation for migrants already living in the Federal Republic for over 3 years to attend courses insofar as spots are available (Residence Act, Section 44a) – in the case of persons drawing Employment Benefits II [Arbeitslosengeld II] and particularly in the case of persons with special integration needs.

• Breach of the obligation to attend integration courses will result in a reduction in benefits for the period of non-attendance as a form of sanction under social law (Residence Act, Section 44a (3)).

• Integration courses for EU citizens insofar as spots are available (EU Act on the General Freedom of Movement for EU Citizens, Section 11(1)).

• The Federation bears the costs of the integration courses (Residence Act, Section 43 (3)).

• The costs of the integration courses for new immigrants (including remigrants) are to be estimated at € 188 million per year.

• The costs relating to the annual attendance of courses by approximately 50,000 to 60,000 foreigners already living in Germany amount to approximately € 76 million.

• Provisions will be made for course participants to contribute to course costs; contributions will be made on a graduated basis and will take financial status into account.

• The federal states [Länder] will bear costs of child care and social-outreach work.

• The Integration Course Ordinance [Integrationskursverordung] takes effect on January 1, 2005.


6. Security Aspects

• Introduction of a deportation order (Residence Act, Section 58a), which can be issued by the supreme state [Land] authorities and, in the case of a special federal interest, by the Federation on the basis of a "threat prognosis based on facts." Legal redress is only possible via a single appeal to the Federal Administrative Court.

If deportation cannot be effected on account of obstacles to deportation (torture, death penalty), greater security should be ensured by the implementation of specific measures: the person in question will be obligated to report to the authorities on a periodic basis, restrictions will be placed on [his/her] freedom of movement, and bans on communication backed up by appropriate penalties will also apply [in his/her case] (Residence Act, Section 54a).

• As a new provision, the smuggling of people into the Federal Republic of Germany will now constitute compelling grounds for deportation in the case of persons who receive non-suspended prison sentences for such offenses (Residence Act, Section 53 (3).

• Regular expulsion when facts justifiably lead to the conclusion that a foreigner belongs to or has belonged to an organization that supports terrorism or supports or has supported such an organization; membership and supportive acts in the past are relevant insofar as they still form the basis of a present danger (Residence Act, Section 54 (5)).

• Introduction of regular expulsion for the leaders of banned organizations (Residence Act, Section 54 (7).

• Introduction of discretionary expulsion for "intellectual incendiaries" (e.g. agitators in mosques) -- > Residence Act, Section 55 (2), no. 8.

• Introduction of a standard request for information on any anti-constitutional activities prior to the issuance of a settlement permit (Residence Act, Section 73 (2)) as a residence title of unlimited duration and prior to the decision on naturalization.

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