Migrants Vs. the State: Courtroom Dynamics in Immigration Law Cases in Germany

Appeals on immigration law decisions are usually the first points of contact between migrants and the legal system of their country of destination. As a result, the courtroom has a highly symbolic role to play, as it represents "the" overall legal system and will shape general attitudes and expectations of immigrants of "the law". In addition, immigration law cases can be highly politicised and held under high levels of public scrutiny. Finally, they matter greatly to the appealing party, because the legal residence status mediates all other aspects of life for immigrant. Based on ethnographic observations of court sessions in Germany and interviews with all agents involved (migrants, their lawyers, immigration officials, judges), this presentation will show how all courtroom interactions engage on these three levels: the actual case, the symbolic-integrative, and the political. As a result, informal interactions and side remarks between legal agents play a crucial role, especially if they are outside of official court transcripts. Specifically judges acknowledge the specific challenge of dealing with recent immigrants, and go out of their way to either include immigrants into the proceedings or to show their impartiality by completely ignoring the precarious situation of the appealing party.