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.
How can Germany “deport” an EU citizen? Is there any way for them to block an EU citizen from coming back into Germany?
Have a half-dozen men with guns grab the person, shove them into the back of a squad car, drive them to a jail, make them wait in the jail until transport can be arranged, drag them to a plane, force them onto the plane, fly the plane to an Israeli-occupied territory, kick the person out of the plane into the hands of some genocidal Israeli lunatics, and leave.
Tear up their travel documents, for starters. Sending them to a country where they are at extreme risk of permanent arrest, torture, and execution also works.
None of that is true. There is due process, no hit squads. They will have the ability to bring this to court (a process which they already started). And deportation would happen to where they come from, so other EU countries and the US.
Ok so just like in America
Not at all, nothing in the post you replied to is actually true.
It can’t, municipalities and states can, and the EU law allowing for this requires showing they’re a threat to public safety (which is why it’s not a federal matter the federation doesn’t do public safety). The Berlin state government wants to expel some people, so far no other state has made similar moves, and it’s very questionable whether Berlin courts will let them do it. And then there’s federal courts. And then the ECJ.
Yeah, that’s the craziest thing. EU citizenship means you have freedom to be in any EU country. There is no “deporting” a citizen of the EU if you’re a country in the EU.
Yet here we are…
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.