German far-right party wins court case against minister

Legal Events

Germany's top security official violated the rights of a far-right party by posting remarks criticizing it on his ministry's website, the country's highest court ruled Tuesday.

The Alternative for Germany party, known as AfD, whose anti-migration and anti-establishment stance helped it get into the German parliament in 2017, is currently the largest of several opposition parties.

Its case against Interior Minister Horst Seehofer stems from an interview that his ministry posted on its website in 2018, in which he decried a broadside by AfD against President Frank-Walter Steinmeier. AfD had accused Steinmeier of drumming up support for a “radical left-wing event” after he backed a left-wing punk group's anti-racism concert, and the party sought to debate his budget in parliament.

Seehofer described AfD's behavior as “undermining the state” and asserted that “they stand against this state. They can say 1,000 times that they are democrats ... this is highly dangerous for our state.”

The Federal Constitutional Court found that parties must be allowed to compete on an equal footing. Presiding Judge Andreas Vosskuhle said the legitimacy of the government's public relations work “ends where advertis ing for or exerting influence against individual parties or people in political competition begins.”

The court found that the government is entitled to defend itself publicly against criticism of its policies using official channels, but should avoid comments that have no substantial link to the criticism and are “distorting or disparaging.”

The verdict has no direct consequences for Seehofer. The interview was taken down from his ministry's website a little over two weeks after it was posted there.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.

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