Marcel Winatschek

Closed Port

Three hundred and sixty-six people drowned off the Italian island of Lampedusa in early October 2013, and the city of Hamburg responded by sending mounted police into protest crowds. I’m not saying one caused the other—weeks passed between the disaster and the crackdown—but the proximity felt like an argument Hamburg was making about itself, whether it intended to or not.

The group the police were after called themselves "Lampedusa in Hamburg": mostly West Africans who had fled Libya during the 2011 civil war, landed in Italy, received temporary permits allowing six months of travel in the Schengen zone, and eventually settled in Hamburg. The permits had expired. Italy wouldn’t take them back. Germany said that was Italy’s problem. The clock ran out, and now Hamburg’s police were conducting street stops—racially profiled, openly—to identify and detain members of the group for deportation.

Dominik Brück, a political science writer who ran a local blog called Mittendrin, was following the protests day by day. What he described was familiar: a few hundred people gathering at the Gänsemarkt square, chanting "stop the racist controls," the police sealing off the area almost immediately. Young people, some in black, some in ordinary rain jackets. A 25-year-old named Veronika: I find it disgusting, how Europe seals itself off. The politics of the EU, Germany, Hamburg—it’s inhumane. A 37-year-old named Jens: You just can’t watch the Senate trample on refugees’ rights. He’d been at multiple protests that week. Neither of them looked like extremists. Both of them looked like people who had run out of patience with tidy procedural answers to human disasters.

By Tuesday, police had deployed pepper spray and mounted units against what eyewitnesses described as a peaceful assembly. Journalists were being pushed back. The "Lampedusa in Hamburg" group had offered to negotiate. The Senate’s response was essentially: the Italian permits allowed six months abroad, the time was up, the talks hadn’t produced anything, the law was the law. Interior Senator Michael Neumann of the SPD: When people break the law, we have to act.

The move that clarified everything for me was this: when a local church offered to set up housing containers for the refugees over winter, the city threatened to prosecute them for aiding illegal residency. Not the protest organizers, not the demonstrators in the streets—a church trying to prevent people from sleeping outside in November. That’s where the mask came fully off. Not in the street controls, not in the mounted police, but in the move to criminalize basic shelter.

The Left Party’s Christiane Schneider offered the only proportionate position I found: she said she could understand the Senate’s fear of setting a precedent, but that even in this conflict between humanity and the law, a solution can be found. Which is obviously true. The choice between being a decent city and a legally compliant one is almost never as binary as bureaucrats prefer to claim. But Hamburg was claiming it anyway.

More protests were planned for the following Friday. The group had put a negotiation offer on the table. Whether any of it changed anything is history now. But I keep coming back to that phrase—six months is the law—as if duration were an answer. As if the sea that swallowed those boats had been paying attention to permit expiry dates.