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The decision by the intelligence service — formally known as the Federal Office for the Protection of the Constitution — means its officials can now use informants and other tools such as audio and video recordings to monitor the party’s activities.

The office warned of a threat to Germany’s democratic order, saying the anti-immigration party “disregards human dignity,� in particular by what it called “ongoing agitation� against refugees and migrants, many from Muslim-majority countries.

In a statement, the party accused the intelligence service of violating the constitution by trying to criminalize what the AfD said was permitted expressions of opinion and criticism of German immigration policy over the last decade.

“With our lawsuit, we are sending a clear signal against the abuse of state power to combat and exclude the opposition,� party co-leaders Tino Chrupalla and Alice Weidel said, alleging an effort by the service to “distort democratic competition and delegitimize millions of votes.�

AfD was formed in 2013. Its platform initially focused on opposition to bailouts for struggling eurozone members, but its rejection of a 2015 decision by then-Chancellor Angela Merkel to let large numbers of refugees into Germany helped turn the party into a significant political force.

Far-right parties have been gaining ground across Europe and the AfD attracts international attention, including support from tech billionaire Elon Musk, a close ally of U.S. President Donald Trump.

Some top Trump administration officials have criticized the decision by the intelligence service, prompting a retort from the German Foreign Ministry.

In a social media post on Friday, called on Germany to undo the classification, saying the move to give new powers to the spy agency to watch the opposition amounted to “tyranny in disguise.�

In a social media post responding to Rubio, the Foreign Ministry wrote “this is democracy� and said the decision was "the result of a thorough & independent investigation to protect our Constitution & the rule of law.�

The ministry said independent courts will have the final say, adding that "we have learnt from our history that rightwing extremism needs to be stopped.�

, who met with Weidel after the elections in February, wrote on social media that AfD was “by far the most representative� party in formerly Communist eastern Germany, adding: "Now the bureaucrats try to destroy it.�

AfD has long , and opposes Germany’s stance on . Berlin is Ukraine’s second-biggest after the United States.

The lawsuit comes a day before , whose party won the February elections, was set to be chosen as Germany's chancellor, replacing Olaf Scholz.

Separately Monday, Merz's conservative movement, known as the CDU/CSU, and Scholz's Social Democrats formally signed a coalition agreement that paves the way for the fifth so-called “black-red" governing alliance to take power under Merz on Tuesday.