On February 7, 2025, President Trump signed an Executive Order titled "Addressing Egregious Actions of the Republic of South Africa." This order was issued in response to South Africa's Expropriation Act 13 of 2024, a controversial land reform law that allegedly allows the South African government to seize Afrikaner-owned agricultural property without compensation. The Executive Order also cited South Africa's international legal case against Israel, signaling broader geopolitical concerns.
Beyond diplomatic and financial actions, this order directs the U.S. government to develop a plan for resettling "Afrikaners" who are victims of unjust racial discrimination. However, the details of this program remain unclear, and its implementation is further complicated by a previous Executive Order issued on January 20, 2025, which suspended the U.S. Refugee Admissions Program (USRAP) indefinitely.
At Pollak PLLC, we recognize the urgency and uncertainty surrounding this issue. While no formal refugee program is in place yet, we are actively monitoring developments and assisting South Africans who wish to explore their immigration options to the United States.
What We Know About the Afrikaner Refugee Program
President Trump's February 7, 2025, Executive Order explicitly states that the United States shall promote the resettlement of Afrikaner refugees escaping government-sponsored racial discrimination. The order identifies land expropriation and property confiscation as a central concern, suggesting that affected landowners and their families may be given priority consideration.
That said, no specific process for resettlement has been announced. While the Executive Order directs the Secretary of State and the Secretary of Homeland Security to develop a plan, there is no timeline for when that plan will be finalized or implemented. Until further details are released, the scope and structure of this refugee program remain uncertain.
Refugee vs. Asylum Status: What's the Difference?
One key distinction in the Executive Order is its use of the term "refugee" rather than "asylum seeker." Refugees apply for protection while still outside the United States, typically through the U.S. Refugee Admissions Program, whereas asylum seekers request protection after arriving in the country. This means that, once implemented, the program will likely only apply to individuals who have not yet entered the United States.
Despite this focus on refugee resettlement, no mechanism has been announced for how applications will be accepted or processed under the new directive. The absence of procedural details means that, for now, those seeking refuge must wait for further clarification from the U.S. government.
The U.S. Refugee Admissions Program Was Suspended
A major complication to this initiative is the indefinite suspension of the U.S. Refugee Admissions Program, which was enacted through a separate Executive Order on January 20, 2025. Under normal circumstances, USRAP facilitates refugee resettlement through referrals from the United Nations or U.S. embassies, security screenings and interviews conducted by USCIS refugee officers, and medical examinations to ensure public health safety before entry.
With USRAP currently on hold, it is unclear how the Afrikaner refugee program will function. The absence of an operational resettlement system raises questions about whether a new process will be developed or if an exception will be made to reinstate USRAP for this particular group. Until the U.S. government provides further guidance, the logistics of implementing the resettlement program remain unknown.
Uncertainty Over Who Qualifies as an Afrikaner
The Executive Order does not define who qualifies as an Afrikaner, leaving uncertainty regarding eligibility. Traditionally, Afrikaners are considered South Africans of Dutch, German, and French Huguenot descent who speak Afrikaans. However, the U.S. government has not provided specific criteria for inclusion in this program, leading to further ambiguity about who may qualify.
Several unanswered questions remain, including whether eligibility will be limited to Afrikaans-speaking individuals, whether non-farmers who have experienced economic discrimination will be considered, and what documentation will be required to prove an individual's status as an Afrikaner. Until the U.S. government issues formal guidelines, it is impossible to determine precisely who will be eligible for resettlement under this new initiative.
Challenges and Considerations for Potential Applicants
While the Afrikaner refugee initiative sounds promising, several legal and logistical obstacles must be considered. The process of obtaining refugee status in the United States is complex, and applicants must meet strict legal requirements to qualify. Even if the program moves forward, individuals seeking resettlement should prepare for potential delays and challenges.
Proving Persecution Under Refugee Law
Refugee status requires demonstrating persecution based on race, religion, nationality, political opinion, or membership in a particular social group. While the Executive Order acknowledges racial discrimination, applicants must provide evidence that they face government-sponsored persecution rather than general hardship, crime, or economic difficulties. This could involve presenting proof of targeted threats, official policies that directly discriminate against them, or incidents of violence that indicate they are at risk.
One challenge is that many Afrikaners cite farm attacks and land expropriation as key reasons for seeking refugee status. However, U.S. immigration law typically requires that persecution be carried out or condoned by the government. If these acts of violence are deemed part of general lawlessness rather than government-backed persecution, it may be difficult to qualify under traditional refugee standards. Applicants should be prepared to provide strong documentation linking their experiences to racial or political discrimination by the South African government.
The Refugee Application Process Is Complex and Lengthy
Under normal circumstances, the U.S. refugee process can take several years due to the extensive vetting procedures required before resettlement is approved. This includes referrals from international agencies such as the United Nations High Commissioner for Refugees (UNHCR) or U.S. embassies, detailed background checks, and multiple security screenings to ensure that applicants do not pose a risk. Medical examinations are also mandatory to assess any potential health concerns before travel is permitted.
With the U.S. Refugee Admissions Program currently suspended, it is unclear how long applicants may need to wait for a new process to be implemented. Even if an expedited system is created for Afrikaner refugees, it is unlikely that the standard refugee resettlement procedures will be bypassed entirely. Those considering applying should prepare for significant wait times and potential bureaucratic hurdles.
Travel Back to South Africa Could Jeopardize Immigration Status
For those who receive refugee status, it is crucial to understand that returning to South Africa can put their immigration status at risk. Refugees are granted protection on the basis that they cannot safely return to their home country. If a refugee voluntarily travels back to South Africa, U.S. immigration authorities may determine that they no longer need protection, which could lead to the loss of status and possible deportation.
Even short trips back to South Africa, such as visiting family or handling business affairs, can raise red flags. In some cases, exceptions may be granted for emergencies, but refugees should always consult with an immigration attorney before making any travel plans. Without proper authorization, a return trip could result in the termination of refugee status and future immigration complications.
Given these challenges, it is essential that individuals seeking to benefit from this program stay informed, gather substantial documentation, and seek legal guidance to navigate the complexities of the U.S. refugee system.
Legal and Political Considerations Surrounding the Afrikaner Refugee Program
The development of a refugee resettlement plan for Afrikaners is not just an immigration issue but also a matter of international law and U.S. foreign policy. The Executive Order directing the U.S. government to assist Afrikaner refugees was issued in the broader context of diplomatic tensions between the United States and South Africa. While the order explicitly cites South Africa's Expropriation Act 13 of 2024 as the reason for prioritizing Afrikaner resettlement, it also mentions South Africa's international court case against Israel, suggesting that geopolitical factors may influence how this program unfolds.
The intersection of refugee law and foreign policy means that this initiative could be subject to legal and political challenges. While the U.S. government has broad authority to create humanitarian programs, any large-scale refugee admission process typically requires congressional funding and coordination with international agencies such as the United Nations High Commissioner for Refugees (UNHCR). Given that the U.S. Refugee Admissions Program is currently suspended, alternative legal mechanisms may be needed to facilitate Afrikaner resettlement.
Applicants should also be aware that immigration policies can change based on shifts in U.S. leadership, legal challenges, or diplomatic negotiations. This makes it essential to work with an experienced immigration attorney who can track policy developments and provide strategic advice on securing lawful entry into the United States.
How Pollak PLLC Can Help
While there is no formal Afrikaner refugee program in place yet, Pollak PLLC is actively monitoring developments and assisting individuals in exploring their legal options. The uncertainty surrounding the implementation of this program makes it essential for those considering resettlement to stay informed and prepared. Our team provides legal guidance to help South Africans understand their options and navigate the complexities of U.S. immigration law.
Providing Up-to-Date Information
Our legal team remains informed about policy updates, new regulations, and potential changes to refugee processing. As the U.S. government works on developing a resettlement plan for Afrikaners, we ensure that our clients receive accurate, real-time guidance. This includes clarifying eligibility requirements, outlining necessary documentation, and advising on potential next steps. Since immigration policies can shift quickly, having a knowledgeable legal team monitoring developments can make a significant difference in planning for the future.
Assessing Alternative Immigration Pathways
Given the uncertainties surrounding the refugee program, many South Africans may qualify for other visa options. Those seeking to relocate to the United States may be eligible for employment-based visas, such as the H-1B for specialized workers or the EB-3 for skilled and unskilled laborers. Investors may consider options like the E-2 treaty investor visa or the EB-5 immigrant investor program.
Family sponsorship programs may also provide a path for those with close relatives who are U.S. citizens or permanent residents. For individuals already in the United States who fear returning to South Africa, asylum may be a possibility. Our attorneys carefully evaluate each client's circumstances to determine the best legal route for immigration, providing customized advice based on their qualifications and long-term goals.
Preparing for Future Refugee Applications
If and when a formal refugee program is established, Pollak PLLC will assist clients in assembling a strong application. This includes gathering necessary documents, such as proof of persecution, property records, and affidavits that support an individual's claim for refugee status. We help applicants submit their cases correctly and ensure they meet all required legal criteria. For those who may face challenges in proving persecution, we work to build compelling arguments and provide legal representation throughout the process.
As more details about the Afrikaner refugee program emerge, Pollak PLLC remains committed to guiding South Africans through every stage of the immigration process. Whether through a refugee program or an alternative immigration pathway, we are dedicated to helping individuals and families find the best solution for their future in the United States.