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"It was never about 'legal' immigration, but always about upholding white supremacy," said one human rights lawyer.
In yet another Trump administration attack on migrants, the U.S. Department of Homeland Security on Monday announced that nearly 1 million migrants who entered the country legally using a Customs and Border Protection mobile application must leave "immediately" or face consequences including potential criminal prosecution.
DHS notified migrants who were granted temporary parole protection after entering the country using the CBP One app—which was launched by the Biden administration in 2020 and upgraded in 2023—that "it is time for you to leave the United States."
The department "mis now exercising its discretion to terminate your parole," the agency said in an email to affected—and more than 200,000 unaffected—migrants. "Unless it expires sooner, your parole will terminate seven days from the date of this notice."
"If you do not deport from the United States immediately you will be subject to potential law enforcement actions that will result in your removal," the notice continues. "You will be subject to potential criminal prosecution, civil fines, and penalties, and any other lawful options available to the federal government."
"DHS encourages you to leave immediately on your own," the notice stresses, providing a link to a new app—called CBP Home—containing "a self-deportation reporting feature for aliens illegally in the country."
"Do not attempt to remain in the United States. The federal government will find you," DHS ominously added.
Approximately 985,000 migrants used the problem-plagued CBP One app to schedule appointments with U.S. immigration officials when arriving at ports of entry and were generally permitted to remain in the country for two years with work authorization.
However, DHS claimed Monday that "the Biden administration abused the parole authority to allow millions of illegal aliens into the U.S. which further fueled the worst border crisis in U.S. history."
"Canceling these paroles is a promise kept to the American people to secure our borders and protect national security," the agency added.
President Donald Trumpended new CBP One entries on January 20, his first day in office, via executive order, a move that left thousands of vulnerable migrants stranded in Mexico after their immigration appointments were canceled.
Monday's announcement does not affect people who entered the U.S. under Operation Allies Welcome for Afghans or the Uniting for Ukraine program—although more than 200,000 Ukrainian beneficiaries last week received a separate jarring email mistakenly informing them that their status had been revoked.
The new policy also "should not immediately affect migrants who entered via CBP One and applied for asylum and have pending cases in immigration court," according toCBS News immigration and politics reporter Camilo Montoya-Galvez, who noted that "the government generally has to wait for those cases to be adjudicated or terminated before moving to deport."
More than 500,000 Cuban, Haitian, Nicaraguan, and Venezuelan migrants who entered the country via the CBP One app with U.S.-based financial sponsors are also bracing for the loss of their protected status on April 24. Additionally, the Trump administration announced the revocation of Temporary Protected Status (TPS) for over 1 million Haitian and Venezuelan migrants.
However, on March 31 a federal judge in San Francisco blocked the administration's effort to expel 350,000 Venezuelan TPS recipients, finding that the deportations were "motivated by unconstitutional animus" and would "inflict irreparable harm" upon affected migrants.
Critics have accused the Trump administration and its supporters of reveling in the cruelty inherent in forcibly removing migrants.
Proponents, meanwhile, say Trump is keeping his promise to carry out the largest mass deportation campaign in U.S. history—even as statistics show that the Biden administration deported people at a faster rate last year.
Migrants and other immigrants, including those who legally sought asylum in the United States—at least one of whom was wrongfully expelled—are being sent by the Trump administration to destinations including a camp in the Panamanian jungle and an ultra-high security prison in El Salvador.
Advocacy groups argue that such deportations are unlawful and violate deportees' rights. Human Rights Watch has documented cases of "torture, ill-treatment, incommunicado detention, severe violations of due process, and inhumane conditions, such as lack of access to adequate healthcare and food" in Salvadoran prisons.
Responding to Monday's DHS announcement, U.S. human rights attorney Qasim Rashid noted on social media that "985K migrants entered [the] USA through legal means during the previous administration."
"Trump just unilaterally revoked their legal status," Rashid added. "It was never about 'legal' immigration, but always about upholding white supremacy. This man is a fascist."
Allen Orr Jr., a Washington, D.C.-based immigration lawyer, lamented Tuesday that "migrants who followed the rules and entered legally through CBP One are now being punished."
"Not because they broke the law, but because of who granted them the benefit," he added. "This isn't about security; it's about revenge."
However, the World Court did not grant Germany's request to dismiss the case‚ in which Nicaragua accuses Berlin of enabling Israeli genocide in Gaza.
The top United Nations court on Tuesday overwhelmingly rejected Nicaragua's request for an emergency order directing Germany to halt arms sales to Israel as it wages what the tribunal previously called a "plausibly" genocidal war against Palestinians in Gaza.
International Court of Justice (ICJ) judges voted 15-1 against the Nicaraguan motion, finding an absence of legal conditions for issuing an order blocking Germany from selling arms to Israel.
"Based on the factual information and legal arguments presented by the parties, the court concludes that, at present, the circumstances are not such as to require the exercise of its power... to indicate provisional measures," ICJ President Nawaf Salam wrote in the ruling.
However, the court did not grant Germany's request for an outright dismissal and will hear arguments on the merits of the Nicaraguan case, a process expected to take months to complete.
Carlos José Argüello Gómez, the head of Nicaragua's legal team and its ambassador to the Netherlands, said after the ruling that the court's decision "doesn't mean that Germany hasn't violated... international law."
"Germany has—from our point of view—violated international law" by providing weapons for Israel, Argüello contended.
Nicaragua’s representative Carlos Jose Arguello Gomez says ICJ ruling doesn't mean that Germany has not violated international law by providing military aid to Israel.
🟠 LIVE updates: https://t.co/FqbkLyF2ZA pic.twitter.com/3cnPizIXps
— Al Jazeera English (@AJEnglish) April 30, 2024
Nicaragua asserts that Germany—which provided nearly 30% of Israel's exported arms last year—is complicit in Israeli war crimes and is enabling genocide against Palestinians in Gaza. Palestinian and international officials say that more than 123,000 Palestinians have been killed, maimed, or left missing by Israel's relentless 207-day onslaught and siege, which has also displaced around 90% of Gaza's 2.3 million people and driven at least hundreds of thousands of people to the brink of starvation. The majority of those killed have been women and children.
"Germany is failing to honor its own obligation to prevent genocide or to ensure respect of international humanitarian law," Argüello argued during case hearings earlier this month.
According to the Lawyers' Collective—a Berlin-based group that is suing to stop German arms sales to Israel—Germany's government issued €326.5 million ($348.7 million) worth of weapons export licenses for Israel last year, the majority of which were approved after October 7, 2023. That's a tenfold increase from 2022. The group says these transfers violate Germany's obligations under the War Weapons Control Act, which requires arms exports to comply with international humanitarian law.
Germany counters that its weapons sales to Israel have decreased since the October 7 attack and emphasizes what it says are the defensive nature of recent arms transfers. Berlin also says it has robust internal mechanisms and processes to consider the human rights implications of German arms sales.
Top German diplomat Tania von Uslar-Gleichen, who is leading Germany's legal team at the ICJ, said during hearings that Nicaragua's allegations "have no basis in fact or law."
Reacting to the ICJ ruling, the German Foreign Office said that "Germany is not a party to the conflict in the Middle East. On the contrary, we are working day and night for a two-state solution."
"We are the largest donor of humanitarian aid to the Palestinians," the ministry added. "We are working to ensure that aid reaches the people in Gaza."
The German government has been intensely criticized for its stauch support for Israel and for violently cracking down on pro-Palestinian protests since October. Numerous observers contend that Germany's actions are driven by historical guilt over the Holocaust, with some critics claiming the German government is weaponizing that guilt in order to demonize Palestinians and their defenders.
Israel—which is not a party to the case—vehemently denies genocide charges, arguing it is defending itself in the wake of the Hamas-led attacks that left more than 1,100 people dead and around 240 others taken hostage. Israeli forces are believed to have killed numerous Israelis on October 7 and an unknown number of hostages since then during the bombardment and invasion of Gaza.
In addition to Nicaragua's motion, the ICJ is considering a case brought by South Africa and supported by over 30 nations asserting that Israel's Gaza assault is genocidal because it is "intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group."
On January 26, the tribunal issued a provisional ruling that found Israel is "plausibly" committing genocide in Gaza and ordered the country to prevent genocidal acts. Critics accuse Israel of ignoring the order by continuing to block humanitarian aid from reaching Gazans as children and other vulnerable people starve to death.
Citing "the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation," the ICJ last month issued another provisional order directing Israel to allow desperately needed aid into the embattled enclave and reiterating its earlier order to prevent genocidal acts.
Also last month, the U.N. Human Rights Council
published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza.
The Israeli brutality in Gaza, but also the Palestinian sumud, resilience and resistance, are inspiring the Global South to reclaim its centrality in anti-colonial liberation struggles.
The distance between Gaza and Namibia is measured in the thousands of kilometers. But the historical distance is much closer. This is precisely why Namibia was one of the first countries to take a
strong stance against the Israeli genocide in Gaza.
Namibia was colonized by the Germans in 1884, while the British colonized Palestine in the 1920s, handing the territory to the Zionist colonizers in 1948.
Though the ethnic and religious fabric of both Palestine and Namibia are different, the historical experiences are similar.
Though intersectionality is a much-celebrated notion in Western academia, no academic theory is needed for oppressed, colonized nations in the Global South to exhibit solidarity with one another.
It is easy, however, to assume that the history which unifies many countries in the Global South is only that of Western exploitation and victimization. It is also a history of collective struggle and resistance.
Namibia has been inhabited since prehistoric times. This long-rooted history has allowed Namibians, over the course of thousands of years, to establish a sense of belonging to the land and to one another, something that the Germans did not understand or appreciate.
When the Germans colonized Namibia, giving it the name of “German Southwest Africa,” they did what all other Western colonialists have done, from Palestine to South Africa to Algeria, to virtually all Global South countries. They attempted to divide the people, exploited their resources, and butchered those who resisted.
Although a country with a small population, Namibians resisted their colonizers, resulting in the German decision to simplyexterminate the natives, literally killing the majority of the population.
Since the start of the Israeli genocide in Gaza, Namibia answered the call of solidarity with the Palestinians, along with many African and South American countries, including Colombia, Nicaragua, Cuba, South Africa, Brazil, China, and many others.
Though intersectionality is a much-celebrated notion in Western academia, no academic theory is needed for oppressed, colonized nations in the Global South to exhibit solidarity with one another.
So when Namibia took a strong stance against Israel’s largest military supporter in Europe—Germany—it did so based on Namibia’s total awareness of its history.
The German genocide of the Nama and Herero people (1904-1907), is known as the “first genocide of the 20th century.” The ongoing Israeli genocide in Gaza is the first genocide of the 21st century. The unity between Palestine and Namibia is now cemented through mutual suffering.
But it is not Namibia that has launched the legal case against Germany at the International Court of Justice (ICJ) but, rather, Nicaragua, a Central American country that is also thousands of miles away from both Palestine and Namibia.
The Nicaraguan case accuses Germany of violating the Convention on the Prevention and Punishment of the Crime of Genocide. It rightly sees Germany as a partner in the ongoing genocide of the Palestinians.
This accusation alone should terrify the German people, in fact the whole world, as Germany is affiliated with genocides from its early days as a colonial power. The horrific crime of the Holocaust, and other mass killings carried out by the German government against Jews and other minority groups in Europe during WWII, is a continuation of other German crimes committed against Africans, decades earlier.
The typical analysis of why Germany continues to support Israel is explained on the basis of German guilt over the Holocaust. This explanation, however, is partly illogical and partly erroneous.
Illogical, because, if Germany has, indeed, internalized any guilt from its previous mass killings, it would make no sense for Berlin to add yet more guilt by allowing Palestinians to be butchered, en masse. If guilt indeed exists, it is not genuine.
And erroneous, because it completely overlooks the German genocide in Namibia. In fact, it took the German government until 2021 to acknowledge the horrific butchery in that poor African country, ultimately agreeing to pay merely 1 billion euros in “community aid,” which will be allocated over the course of three decades.
The German government’s support of the Israeli war on Gaza is not motivated by guilt, but by a power paradigm that governs the relations among colonial countries. Many countries in the Global South understand this logic very well, thus the growing solidarity with Palestine.
The Israeli brutality in Gaza, but also the Palestinian sumud, resilience and resistance, are inspiring the Global South to reclaim its centrality in anti-colonial liberation struggles.
The revolution in the Global South outlook—culminating in South Africa’s case at the ICJ, and also the Nicaraguan lawsuit against Germany—indicates that the change is not the outcome of a collective emotional reaction. Instead, it is part and parcel of the shifting relationship between the Global South and the Global North.
Africa has been undergoing a process of geopolitical restructuring for years. The anti-French rebellions in West Africa, demanding true independence from the continent’s former colonial masters, in addition to the intense geopolitical competition—involving Russia, China and others—are all signs of changing times.
And, with this rapid rearrangement, a new political discourse and popular rhetoric are emerging, often expressed in the revolutionary language emanating from Niger, Burkina Faso, Mali, and others.
But the shift is not happening on the rhetorical front only. The rise of BRICS as a powerful new platform for economic integration between Asia and the rest of the Global South has opened up the possibility that alternatives to Western financial and political institutions are very much possible.
In 2023, it was revealed that BRICS countries are now holding 32% of the world’s total GDP, compared to 30% held by the G7 countries. There is much political value to this as four of the five original founders of BRICS are strong and unapologetic supporters of the Palestinians.
While South Africa has been championing the legal front against Israel, Russia and China are battling the U.S. at the United Nations Security Council to institute a cease-fire. Beijing’s ambassador to The Hague went as far as defending the Palestinian armed struggle as legitimate under international law.
Now that global dynamics are working in favor of Palestinians, it is time for the Palestinian struggle to return to the embrace of the Global South, where common histories will always serve as a foundation for a meaningful solidarity.