Trump’s Citizenship Proposal for South African Farmers Faces Legal Hurdles

President Trump aims to expedite citizenship for South African farmers, citing safety concerns. However, legal experts argue that he lacks the authority to create new citizenship pathways without congressional approval. This proposal reflects broader inconsistencies in his immigration policy, inviting scrutiny and potential legal challenges.

President Donald Trump has announced a plan to extend U.S. citizenship to white South African farmers who face alleged mistreatment from their government. He stated via Truth Social, “Any Farmer (with family!) from South Africa, seeking to flee that country for reasons of safety, will be invited into the United States of America with a rapid pathway to Citizenship.” This initiative is intended to commence immediately.

However, legal experts assert that President Trump lacks the authority to grant citizenship to specific groups independently. Immigration attorney Rosanna Berardi indicated in an interview, “This administration has become fixated on using executive orders to try to replace the function of Congress,” emphasizing that creating any visa classification requires congressional action.

Berardi further commented that executive orders can only modify existing policies, not laws, and that legal challenges to Trump’s proposal are highly probable. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, reinforced this view, stating, “One important thing to understand is that there is no such thing as a ‘rapid pathway to citizenship.'” He explained that any new citizenship pathways must come through Congress.

This citizenship proposal is one of several initiatives by Trump that may be legally questionable. Last month, immigration experts criticized his plan to create a “Gold Card” for wealthy foreign investors lacking congressional approval. Berardi remarked that “only Congress holds the power to create new visa programs.”

Moreover, the proposal raises concerns about Trump’s immigration stance, as it contrasts with his assertions of reducing immigration overall. Berardi noted that while there are plans to terminate Temporary Protected Status for certain nationalities, the proposal to accept South African farmers presents a contradictory approach to immigration policy.

Berardi argued that the criteria for Temporary Protected Status typically applies to nations with severe safety concerns, which opens a debate regarding South Africa’s situation. Trump has directed his administration to initiate a refugee program for “Afrikaners in South Africa who are victims of unjust racial discrimination,” pointing to a focus on specific demographics historically aligned with Trump supporters who have ties to South Africa’s apartheid period.

In summary, President Trump’s proposal to expedite citizenship for South African farmers has sparked significant debate regarding its legality and feasibility. Legal experts highlight that such actions fall under congressional jurisdiction, and any new immigration pathways require legislative backing. Moreover, the proposal raises questions about the consistency of Trump’s overall immigration policies and potentially sets a controversial precedent.

Original Source: www.salon.com