Hundreds of thousands of refugees and migrants managed to enter to Germany in the Summer of 2015. They had different skill-sets and the claiming asylum was the only option to stay in the country. Even the country was economically motivated on “valuable” immigrants, the process has been illustrated to us double discourse as “welcome culture” and “refugee problem”. With related that the act of ‘asylum package I-II' were passed before the end of the year. It included several requirements from institutional regulations to compulsory language and integration courses for accepted asylum seekers. It has meant to facilitate access to the strict regulated labour market. Within this context, this research is concerned with making a critical sense of constitutive presence of capitalist state power in the formation of migrant labour in Germany. Theoretically, Poulantzas's analysis of the capitalist state provides us a set of conceptual tools to conceive the issue of migration regime in form-analytical terms and to comprehend concrete processes of formation of institutional materiality of the state. Also, the study respect to contemporary debates on social reproduction theory to go beyond the culturalist perspectives of identity politics that has established a hegemonic language on migrant labour debate. These conceptual tools will provide us to better understand with the empirical grounded that the actually existing processes of the making of the migration regime in and through focus on compulsory “Deutchkurs” and “integration” books. It will employ a three-layered analysis of social reality with respect to dialectical interplay: the real, the phenomenal and the empirical.