German Court Rejects Anti-Constitutional Label for AfD Amid Tougher Asylum Laws
The Cologne Administrative Court has ruled that the AfD cannot be classified as inherently anti-constitutional, despite evidence of efforts to undermine Germany's democratic order. Bernd Baumann, a leading figure in the party's Bundestag faction, welcomed the decision as validation of AfD's political stance.
The ruling comes amid ongoing debates over immigration policies, with recent government reforms introducing stricter asylum measures and expanded deportations.
The court acknowledged serious concerns about AfD's objectives, particularly regarding human dignity. However, it concluded that these concerns did not dominate the party's overall profile enough to justify a blanket anti-constitutional label.
Baumann dismissed claims of the AfD being anti-constitutional as baseless. He argued that the party's core positions align with past CDU stances and accused established parties of using AfD as a 'scarecrow' to deflect from their own electoral struggles.
Meanwhile, the federal government has pushed forward with controversial immigration reforms. Since Baumann's statements, the cabinet approved the GEAS reform in September 2025, allowing child detention, closed asylum centres, and faster deportations. The Bundestag also suspended family reunification for subsidiarily protected individuals in July 2025. Deportations to Syria, Afghanistan, and Iraq continue despite criticism, while the Bundesrat has called for residence permits for refugees in training or employment.
The CDU has backed even stricter measures, including mandatory border checks for all arrivals and accelerated EU asylum processes. Party figures like Alexander Dobrindt have pushed for these changes, reflecting a broader shift in Germany's approach to migration.
The court's decision leaves the AfD's legal standing unchanged, though concerns about its objectives remain. At the same time, the government's recent reforms signal a hardening of asylum policies, with expanded detention powers and faster deportation procedures now in place.
These developments come as political divisions over migration deepen, with both the AfD and mainstream parties advancing stricter controls.
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