Germany's plan to deport 4 residents over pro-Palestine protests 'unlawful': Lawyer
Germany appears to be following US President Donald Trump's lead in moving to deport foreign residents who participated in protests against Israel’s war in Gaza — and in using a murky legal argument to back them up.
Berlin immigration authorities have issued orders for the deportation of four foreign residents who protested against Israel’s war in Gaza. Three of the orders cite “Staatsraison,” or reason of state, as a justification for deportation. A lawyer for two of the four individuals said that the use of this principle in the cases is "unlawful."
Staatsraison refers to Germany’s national principle of support for Israel — an idea that dates back to the aftermath of World War II and the Holocaust. Former German Chancellor Angela Merkel helped to articulate and cement the policy. In 2008, during a speech to the Israeli Knesset, she referenced Israel’s security as Germany’s Staatsraison — in other words, Israel's security is in Germany’s national interest. Days after Oct. 7, 2023, the German Bundestag unanimously agreed that “Israel’s security is considered German Staatsraison." But Staatsraison is not legally codified in German law or Basic Law, the country's constitution, and lacks a firm legal definition.
This national policy principle has become the subject of some controversy, particularly as the government cracked down on protests surrounding the war in Gaza. The citation of Staatsraison in three out of four of the recent deportation orders could put this German norm to the test.
Alexander Gorski, a German attorney representing two of the four individuals Germany has moved to deport, said that Staatsraison “is a political concept, not a legal concept. In my view, it is unlawful,” he told Al-Monitor.
