For expats and immigrants living in Germany, few political questions feel more personal than the potential rise of the AfD to governmental power. With elections in Saxony-Anhalt bringing this scenario back into focus, constitutional law expert Janos Richter from the Verfassungsblog has provided an analysis of what an AfD-led state government could realistically achieve — where its powers would be broad, what constitutional safeguards would apply, and where its authority would hit hard limits. This is not a question of abstract politics: it directly concerns the rights, security, and daily life of people living in Germany on foreign passports or with migration backgrounds.
According to the analysis by Richter, an AfD state government in Saxony-Anhalt would have meaningful powers in certain areas. Germany's federal structure gives state governments (Länder) significant control over how national laws are implemented locally. This includes the operation of state-level authorities — among them the Ausländerbehörde — as well as policing, education, and the administration of public services.
In practice, this means a state government can set priorities, allocate resources, and issue administrative instructions that shape how immigration rules are applied on the ground — even within the framework of federal law. The tone and culture of bureaucratic encounters, the speed of processing applications, and the emphasis placed on integration support can all be influenced by who is in charge at the state level.
Richter notes that there are areas where such a government would have wide-ranging possibilities, though the analysis does not specify every domain in detail.
The German Basic Law (Grundgesetz) and the federal structure of the country impose limits on what any state government can do, regardless of its political composition. Federal law on immigration — including the rules governing the Aufenthaltstitel, the Niederlassungserlaubnis, and the Einbürgerung — is set at the national level and cannot simply be overridden by a state government.
The Federal Constitutional Court (Bundesverfassungsgericht) acts as a check on legislation or executive action that violates fundamental rights. Additionally, Germany's membership of the European Union means that EU law — including rights for EU citizens and certain protections for non-EU nationals — sets a floor below which no state government can go.
Richter's analysis acknowledges these safeguards, framing them as genuine constraints on what an AfD state government could unilaterally achieve.
Perhaps the most reassuring element of the analysis for expats is the identification of where an AfD-led state government would reach the limits of its authority. Core immigration rights established in federal law, protections grounded in EU directives, and the fundamental rights guaranteed by the Grundgesetz would remain in place.
This does not mean the experience of living in a state governed by the AfD would be identical to any other — administrative culture, policing priorities, and resource allocation for integration programmes could all change. But the legal framework protecting residency rights and basic civil liberties would not simply disappear.
Experts consistently advise that individuals uncertain about how political changes affect their specific situation should consult qualified immigration lawyers rather than relying on general political commentary.
For expats and immigrants in Saxony-Anhalt specifically, and across Germany more broadly, the key practical message is this: the legal architecture protecting your residency and rights is robust, but the day-to-day experience of interacting with state institutions can vary depending on political leadership. Staying informed, keeping your documents in order, and knowing which organisations and legal professionals can support you are always wise moves — and particularly so in periods of political uncertainty.
Organisations focused on migrants' rights and anti-discrimination law operate across Germany and can provide guidance if you experience difficulties. A qualified immigration lawyer can assess how any specific policy change might affect your individual situation.
Residence permits in Germany are governed by federal law, which a state government cannot simply override. Your Aufenthaltstitel or Niederlassungserlaubnis is issued under national rules. However, for specific questions about your individual situation, consult a qualified immigration lawyer rather than relying on general commentary.
State governments do have influence over how resources are allocated to integration-related programmes. While the federal framework for Integrationskursen is set nationally, a state government's priorities and budget decisions could affect availability and quality of provision locally. Staying in contact with your Ausländerbehörde and integration programme provider is advisable.
Migration law advice from a qualified Fachanwalt für Ausländerrecht (specialist immigration lawyer) is the most reliable source for questions about your individual status. Migrant advice organisations (Migrationsberatung) also operate across Germany and can be found through your local city or district administration.
The constitutional analysis of AfD state government powers offers both a realistic assessment of risk and a grounded account of the safeguards that exist. For expats, the practical steps are clear: keep your documents and permits up to date, stay informed about political developments in your state, and consult qualified professionals if you have specific concerns about how changes might affect you personally.
Source: tagesschau
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