NOTICE: I am not an attorney and none of the information I provide is meant to be legal advice. Please consult with an attorney with any specific questions related to your situation.
On Feb 7th an executive order came out regarding changes in U.S. funding and aid to South Africa, based on commentary and rhetoric surrounding the South African Expropriation Act 13 of 20243, as well as South Africa’s stance on the conflict between Israel and Hamas. This act also mentioned that the US will “promote the resettlement of Afrikaner refugees escaping government-sponsored race-based discrimination, including racially discriminatory property confiscation”1.
But, it’s as if the U.S. president fails to remember that we have eminent domain in the U.S., which allows for the expropriation of land with just compensation, which is not particularly different from the Expropriation Act 13. The discussions about rebalancing land ownership is not codified into Expropriation Act 13. This also isn’t the introduction of a new act, this overrides the Expropriation Act of 63 of 1975, with updated terms that more closely align to the South African constitution.
Under section 4 of the executive order, it continues to state that the Sec. of State and Sec. of Homeland Security “shall take appropriate steps, consistent with law, to prioritize humanitarian relief, including admission and resettlement through the United States Refugee Admissions Program, for Afrikaners in South Africa who are victims of unjust racial discrimination”1.
It is note worthy to point out that there has not been a definition of who is considered an Afrikaner and what exactly would qualify as ‘unjust racial discrimination’ at this time. Most of the rhetoric has been regarding the confiscation of land from minority (white) farmers, who have also been highly targeted by racially-motivated violent attacks. But there is little to tell if this will apply to more than just white farm owners, given that the actions of J. Malema and the EFF or other laws and policies that show racial bias against white South Africans have not previously been grounds on their own for refugee or asylum status.
But the bigger issue with this section, is that on January 20th, the same U.S. president issued an executive order that stated “… entry into the United States of refugees under the USRAP [“United States Refugee Admissions Program”] would be detrimental to the interests of the United States. I therefore direct that entry into the United States of refugees under the USRAP be suspended … This suspension shall take effect at 12:01 am eastern standard time on January 27, 2025″2.
Per this ruling, admissions under the USRAP have been suspended as of January 27, 2025. Meaning that regardless of the new executive order, no one is entering the US under USRAP in the foreseeable future.
Now, the January 20th Executive Order does state that the Sec. of Homeland Security and the Sec. of State may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such aliens as refugees is in the national interest and does not post a threat to the security or welfare of the United States”2.
This does give some leeway for in-progress individual cases, but not for groups or new entries as a whole.
1. “Addressing Egregious Actions of the Republic of South Africa.”
2. “Realigning the United States Refugee Admissions Program.”
3. “Expropriation Act 13 of 2024.”