The (Non-)Status of ‘Duldung’: Non-Deportability in Germany and the Politics of Limitless Temporariness

Abstract

One of the ways in which states deal with the issue of non-deportability is limbo-statuses. This article examines the German status of Duldung (toleration) as a case study, which stands out in international comparison for its longevity and its broad administrative application. Based on a comprehensive study of federal policy on Duldung and accompanying political discourses starting from 1962 until 2019, it presents an in-depth analysis of the shifts and continuities in the policies of Duldung in Germany. In the trajectory of the Duldung status, I identify its different functions for German national migration policy, thereby revisiting explanations offered by Böcker and Vogel on the existence of residential limbo-statuses. I conclude that Duldung presents a flexible tool to integrate conflicting policy interests, specifically economic interests, while maintaining a policy of disenfranchisement that characterizes Duldung as an instrument of deterrence. Ultimately, I offer a critique of the exclusionary character of Duldung, rooted in the fiction of temporary stay.