Germany has recently taken a chilling new step, signalling its willingness to use political views as grounds to curb migration. Authorities are now moving to deport foreign nationals for participating in pro-Palestine actions. As I reported this week in the Intercept, four people in Berlin – three EU citizens and one US citizen – are set to be deported over their involvement in demonstrations against Israel’s war on Gaza. None of the four have been convicted of a crime, and yet the authorities are seeking to simply throw them out of the country.
The accusations against them include aggravated breach of the peace and obstruction of a police arrest. Reports from last year suggest that one of the actions they were alleged to have been involved in included breaking into a university building and threatening people with objects that could have been used as potential weapons.
But the deportation orders go further. They cite a broader list of alleged behaviours: chanting slogans such as “Free Gaza” and “From the river to the sea, Palestine will be free”, joining road blockades (a tactic frequently used by climate activists), and calling a police officer a “fascist”. Read closely, the real charge appears to be something more basic: protest itself.
Yeah that is why “deportation” is the wrong word being used… It is an “opinion” piece from one Berlin based journalist, that obviously lacks some legal details or is trying to use a catchy headline. I especially like it when the article says the used “objects that could have been used as potential weapons”. It was fucking AXES they used and obviously the Uni employees were horrified when it happened. Not saying that is right to restrict EU citizens movement in such cases. I’d prefer a proper trial before that happens but they certainly didn’t behave very well.
In case of the US citizen I guess you could call it a deportation/expulsion.
Some translated legal background for you guys: Strictly speaking, in the case of EU citizens, this is not referred to as expulsion/deportation, but as loss of freedom of movement. ‘EU citizens entitled to freedom of movement can lose their right of residence for reasons of public order, security or health,’ according to the website of the Federal Ministry of the Interior.
Particularly stringent conditions apply to the loss of residence on grounds of public order or security. ‘There must be an actual and sufficiently serious threat to public order or security that affects a fundamental interest of society. This threat must be based on the personal behaviour of the EU citizen,’ writes the Federal Ministry of the Interior on its website.
People who do not come from the EU are referred to as deportees. This is the case here for one person. If a person from a third country jeopardises public safety and order, the free democratic basic order or other significant public interests through their stay, they can be expelled.