Why South African Farmers May Struggle to Secure US Refugee Status

South African farmers hoping to secure refugee status in the United States may face significant legal challenges, as experts argue they do not meet the necessary criteria.

According to human rights lawyer Jacob van Garderen, US immigration laws set a high bar for refugee status, requiring individuals to demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

“There is no clear evidence of systemic persecution against Afrikaner landowners that would justify refugee status,” van Garderen said.

While some individuals from stable democracies have been granted refugee protection in rare cases, the legal threshold remains difficult to meet.

Trump’s Executive Order and Controversy

On 7 February, US President Donald Trump signed an executive order freezing aid to South Africa and prioritizing the resettlement of Afrikaners under the US Refugee Admissions Program.

The White House cited South Africa’s newly enacted Expropriation Act, which allows land expropriation without compensation, as justification for the policy. The administration claimed this law discriminates against white landowners and contributes to racially targeted violence.

However, the South African government has strongly condemned the executive order, calling it misleading and based on misinformation. The Department of International Relations and Cooperation (DIRCO) denounced the claims as factually inaccurate, arguing that South Africa’s land policies are designed to address historical inequalities rather than target any racial group.

President Cyril Ramaphosa’s office also defended the Expropriation Act, insisting that it creates a legal framework for land redistribution, not land confiscation.

The Role of AfriForum and International Lobbying

The perception of Afrikaners as a persecuted group has been amplified by lobbying efforts from organizations such as AfriForum.

In 2018, AfriForum leaders met with US Republican Senator Ted Cruz and then-National Security Advisor John Bolton to discuss alleged threats to white farmers in South Africa. A subsequent interview with AfriForum’s then-deputy CEO, Ernst Roets, on Fox News further fueled international attention, with Trump tweeting about the issue for the first time.

Despite these efforts, many analysts argue that violent crime in South Africa affects all racial groups and is primarily driven by economic inequality rather than racial persecution.

Why Refugee Status May Be Hard to Obtain

Legal experts maintain that refugee status in the US is granted on a case-by-case basis, with stringent requirements. The US Immigration and Nationality Act does not consider economic hardship or crime rates as sufficient grounds for refugee protection.

Additionally, while farm attacks are a concern, experts caution against framing them as part of a systematic campaign of racial persecution.

Emigration vs. Local Solutions

Despite the Trump administration’s proposal to offer refugee status, South African organizations such as AfriForum and the Trade Union Solidarity Movement have distanced themselves from supporting mass emigration.

AfriForum has stated that its priority is strengthening the position of Afrikaners within South Africa rather than encouraging relocation. Similarly, Solidarity has emphasized building economic opportunities for Afrikaners locally instead of advocating for refugee claims abroad.

While some South African farmers may view US refugee status as a potential solution, legal and diplomatic hurdles make it an unlikely path. With the South African government pushing back against the claims of systemic persecution and legal experts questioning the validity of such applications, relocation under refugee status is far from guaranteed.

As the debate continues, South African farmers must weigh their options carefully, considering both legal realities and economic prospects at home and abroad.

Trump’s Refugee Plan for White South Africans Sparks Global Debate

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com