The Federal Office for Migration and Refugees (Bamf) sees no error in its deportation threat against a three-month-old girl. A spokesperson for the authority told the Evangelical Press Service (epd) on Friday. Previously, the Wiesbaden Administrative Court had temporarily suspended the notice in an urgent ruling, as the court confirmed to epd on Wednesday. The online specialist magazine MiGAZIN had first reported on the case.
The girl was born in Germany. Her parents come from Turkey and are Kurdish. Bamf had already rejected their asylum applications in 2025. They are suing against this, and a final decision is still pending. For their child, they had to file a separate asylum application, which was decided in a new urgent procedure. Under the tightening of refugee law in force since June 2026, a lawsuit no longer offers automatic temporary protection from deportation. The family lives in the court district of the Wiesbaden Administrative Court.
The court criticised Bamf unusually sharply. That a three-month-old child should not be separated from its parents “is obvious”, the ruling states in the incontestable urgent decision (case no.: 7 L 2405/26.WI.A). Close family ties stand in the way of separation even if those affected have no right of residence, but their stay is only permitted for the duration of the asylum procedure. There are already numerous court decisions on this. That Bamf “refuses to recognise this now prevailing case law is incomprehensible to the court”.
Bamf rejected the criticism on Friday. It would in any case have been the task of the local foreigners authority to examine concrete obstacles to deportation, the spokesperson said. “The deportation of a three-month-old child without its parents is evidently out of the question.” However, the Federal Office sees no error in separating even the closest family members from one another during deportations. “The legal interpretation of the Wiesbaden Administrative Court – and other administrative courts – that a deportation threat may in principle not be issued when family members are merely permitted to stay in Germany is currently not shared by the Federal Office,” the spokesperson said. There is no uniform case law. Bamf is interested in a “clarification by the highest court”.
Criticism also came from the Working Group of Foreigners’ Advisory Councils in Hesse (Agah). It spoke of a political development “in which rising deportation figures are increasingly made the benchmark”. In the process, the concrete living circumstances of those affected and the responsibility to make decisions carefully and in accordance with applicable law are lost from view. Striving for ever higher deportation figures is dehumanising.
