The German Federal Government approved the long-awaited legislative security package that sparked intense political debate — Sicherheitspaket (Draft Act to Improve Internal Security and the Asylum System, introduced into the Bundestag under bill number Drucksache 20/12805). Drafted jointly by Federal Interior Minister Nancy Faeser and Federal Justice Minister Marco Buschmann, the package represents a direct institutional response to the Solingen attack and rising public security concerns.
Immediately following the government announcement, social media platforms were flooded with alarming rumors alleging that German authorities intend to strip all foreign nationals of social benefits, accelerate deportations, and revoke legal status for any travel outside Germany.
Nodia’s legal desk conducted a comprehensive statutory analysis of the bill to clarify what the reform actually changes, who will be affected by stringent sanctions, and why beneficiaries of temporary protection under Section 24 AufenthG enjoy complete legal immunity from these restrictions.
Key Provisions of the Sicherheitspaket: What the Federal Cabinet Approved
The legislative package focuses on three primary pillars: tightening immigration rules for asylum seekers, expanding investigative powers for law enforcement and intelligence agencies, and establishing strict prohibitions on carrying bladed weapons in public.
| Reform Area | New Statutory Requirements | Directly Impacted Groups |
|---|---|---|
| Social Welfare Benefits | Complete termination of cash benefits under AsylbLG (retaining only border transit fares and essential in-kind rations — “bed, bread, and soap”) | Individuals subject to Dublin-III transfer orders to other responsible EU member states |
| Travel to Home Countries | Automatic revocation of refugee status and residence title upon travel to the country of origin (Heimatreisen) without compelling humanitarian reasons | Recognized asylum beneficiaries (Article 16a Basic Law) and Geneva Convention refugees |
| Digital Verification | Authorization for BAMF and police to perform automated facial recognition checks against publicly accessible online sources and social media | Asylum seekers who fail to present genuine identity documents |
| Public Safety | Absolute ban on carrying knives on long-distance and regional trains, at railway stations, fairs, and public festivals; random police checks | All residents and visitors in Germany without exception |
Why Ukrainians under Section 24 AufenthG Are Shielded from Benefit Cuts
The central clause of the draft legislation that triggered widespread concern is the complete cessation of welfare payments to foreign nationals who have an enforceable transfer decision under the Dublin Regulation (the revised Section 1a AsylbLG).
For Ukrainians, a fundamental statutory distinction applies:
Key Legal Fact:
Ukrainian citizens residing in Germany following the full-scale Russian invasion hold residence titles under Section 24 of the Residence Act (AufenthG), implementing EU Temporary Protection Directive 2001/55/EC. They are not asylum seekers (Asylbewerber) and do not fall under the Asylum Seekers’ Benefits Act (Asylbewerberleistungsgesetz — AsylbLG).
Since June 1, 2022, beneficiaries of temporary protection have been fully integrated into the German statutory social code:
- Employable individuals receive jobseekers’ basic income support (Bürgergeld) through local Jobcenters under the provisions of the Social Code, Book II (SGB II).
- Non-employable individuals and retirees receive social assistance through municipal welfare offices (Sozialamt) under the Social Code, Book XII (SGB XII).
Neither the Federal Ministry of Labour and Social Affairs (BMAS) nor the Federal Cabinet introduced amendments to SGB II as part of this security package. Ukrainian temporary protection status is entirely detached from the Dublin procedure: Section 24 confers an autonomous legal right to residence and social support directly in Germany.
Travel to Ukraine: Applicable Rules for Section 24
The second sensitive aspect of the reform concerns travel to the country of origin (Heimatreisen). The draft bill provides that if a political refugee travels back to the state where they claim to face mortal danger or state persecution, their protection status in Germany will be revoked immediately.
However, the legal nature of Section 24 AufenthG is entirely different: temporary protection is granted as collective refuge from external armed aggression, not due to individualized political persecution by one’s home government.
For holders of Section 24 AufenthG, the established standard regulations remain unchanged:
- Jobcenter Notification (Ortsabwesenheit): Recipients of Bürgergeld are legally entitled to absence from their place of residence for up to 21 calendar days per calendar year while maintaining full benefit payments and health insurance. Travel must be approved in advance by your Jobcenter case manager in writing or via the online portal.
- Preservation of Residence Title (Section 51 AufenthG): Under Section 51 (1) No. 7 AufenthG, an alien’s residence permit expires only if they depart Germany for a continuous period exceeding 6 months (or a shorter period if the departure is clearly of a permanent nature).
Consequently, short-term visits to Ukraine to renew identity documents, visit family, or manage property do not jeopardize Section 24 AufenthG, provided Jobcenter absence guidelines are observed.
Knife Prohibition on Public Transit and Stations: How to Avoid Fines
The component of the security package affecting every passenger across Germany is the sweeping amendment to the Weapons Act (Waffengesetz — WaffG):
- Complete Knife Ban on Public Transport: At all train stations, railway platforms, aboard Deutsche Bahn trains (including S-Bahn and regional RE services), and on long-distance coaches, carrying knives of any kind is strictly prohibited.
- Prohibited Blade Types: Fixed-blade knives with a blade length exceeding 4 cm (reduced from the previous 12 cm threshold) are completely prohibited in public, as are all one-handed opening folding knives (Einhandmesser), regardless of blade length.
- Exceptions: Transport is permitted exclusively inside locked containers or luggage secured with a padlock (such as newly purchased kitchen knives in sealed factory packaging).
- Expanded Police Authority: The Federal Police (Bundespolizei) are granted authority to conduct random, suspicionless searches of individuals and their belongings at stations (verdachtsunabhängige Kontrollen).
Practical Legal Tip from Nodia:
Violating the public knife ban constitutes an administrative infraction punishable by a fine of up to €10,000, and recurring infractions or resisting police inspection may result in criminal prosecution. Inspect backpacks, handbags, and vehicle glove compartments: multitools with locking blades, pocket knives, and utility knives should be left at home.
Information Sources
- Deutscher Bundestag: Federal Government Security Package Bill (Drucksache 20/12805)
- Bundesregierung: Official Policy Explanations on Internal Security and Asylum Architecture
- Wikipedia: Legal and Chronological Overview of Germany’s Sicherheitspaket Reform
- Gesetze im Internet: Section 1a AsylbLG — Welfare Payment Reductions for Deportable Persons
- Gesetze im Internet: Section 24 AufenthG — Granting Residence for Temporary Protection
- Gesetze im Internet: Section 51 AufenthG — Termination and Expiration of Residence Permits
- Pro Asyl: Legal Implications and Analysis of German Asylum Law Tightening