German Immigration authorities are working on deporting several foreign residents over their participation in pro-Palestine protests, a move many consider a threat to civil liberties.

The deportation orders, issued under German migration law, came amid political pressure and despite objections from the head of Berlin’s state immigration agency, according to The Intercept.

The internal dispute stemmed from the fact that the four individuals who were targeted for deportation included three who are citizens of European Union member states and typically benefit from the freedom of movement within the EU, and none of the four were convicted of any crime. The four individuals facing deportation are Cooper Longbottom (a US citizen), Kasia Wlaszczyk (a Polish citizen), and Shane O’Brien and Roberta Murray (both Irish citizens).

The deportation order is set to take effect in less than a month.

“What we’re seeing here is straight out of the far right’s playbook,” Alexander Gorski, a lawyer representing two of the protesters said, according to The Intercept. “You can see it in the US and Germany, too: Political dissent is silenced by targeting the migration status of protesters.”

"From a legal perspective, we were alarmed by the reasoning, which reminded us of the case of Mahmoud Khalil," Gorski said, referring to the Palestinian Columbia University graduate and US permanent resident who was arrested at his apartment over allegations tied to his pro-Palestine activism on campus.

Under German migration law, authorities can issue deportation orders without a criminal conviction, according to Thomas Oberhäuser, a lawyer and chair of the German Bar Association's migration law committee, though the reasons must be proportional to the severity of deportation, considering factors like family separation or loss of livelihood.

Cases surrounded by legal ambiguity 

According to The Intercept, the four protesters each face distinct allegations from authorities, all based on police files and linked to pro-Palestine activities in Berlin, with some—but not all—potentially amounting to criminal charges under German law, though nearly none have reached a criminal court.

The only link between the four cases is the claim that the protesters participated in the occupation of a building at the Free University of Berlin, which allegedly involved property damage and an attempted "de-arrest"—an effort to block the detention of a fellow demonstrator. None of the protesters were specifically accused of vandalism or directly carrying out the de-arrest.

The deportation order, rather than citing specific acts, hinges on the broader suspicion that the protesters were involved in a coordinated group action, suggesting their mere participation in collective activities could justify the measure, even in the absence of direct evidence tying them to individual offenses.

German authorities have accused all four protesters of supporting Hamas, which Germany has classified as a terrorist organization, though they have not provided evidence for this claim.

“What we’re seeing are the harshest possible measures available, based on accusations that are extremely vague and in part completely unfounded,” Groski said.

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Gorski noted that, in a first-of-its-kind decision, three of the four deportation orders invoked Germany's constitutional commitment to protect "Israel"—known as Staatsräson or "reason of state"—as legal grounds for expulsion.

Oberhäuser emphasized that *Staatsräson* functions as a political principle rather than binding law, pointing to a parliamentary analysis that found no legal force in the provision while arguing that its use in deportation cases raises serious constitutional concerns.

Authorities clash over deportation order

Internal emails reviewed by The Intercept reveal that political considerations influenced the decision to issue the deportation orders, even as Berlin immigration officials raised objections.  

The disagreement unfolded among administrators within the Berlin Senate, the state's executive branch overseen by Mayor Kai Wegner. The mayor, in turn, is elected by Berlin's parliamentary representatives.

After the Berlin Senate’s Interior Department requested a signed deportation order, Silke Buhlmann, head of crime prevention and repatriation at the immigration agency, raised objections, noting in an email that her concerns were shared by the agency’s top official, Engelhard Mazanke.

“In coordination with Mr. Mazanke, I inform you that I cannot comply with your directive of December 20, 2024 — to conduct hearings for the individuals listed under a) to c) and subsequently determine loss of freedom of movement — for legal reasons,” Buhlman wrote.

Despite the formal remonstration from immigration officials, Berlin Senate Department representative Christian Oestmann overruled the objections, disregarding the legal concerns and insisting on proceeding with the deportation orders.

“[F]or these individuals, continued freedom of movement cannot be justified on grounds of public order and safety, regardless of any criminal convictions,” Osetman wrote. “I therefore request that the hearings be conducted immediately as instructed," he continued.

Targets speak out

All four of the affected individuals were ordered to leave Germany by April 21, 2025, or face being forcibly deported.

Cooper Longbottom, a US citizen, would be barred from entering any of the 29 Schengen Zone countries after he leaves Germany, interrupting the completion of his higher studies.

Longbottom explained to The Intercept that he has just six months remaining in his master’s program at Berlin’s Alice Salomon University, where he studies human rights work, while expressing uncertainty about whether he'll be allowed to complete their degree, where he will live, and other unresolved concerns.

Kasia Wlaszczyk, a 35-year-old Polish cultural worker, expressed to The Intercept disbelief that such a situation could occur, arguing that accusations of antisemitism are often used as a racist strategy targeting Palestinians, Arabs, and Muslims in Germany, while pointing out that the deportation orders signal a broader trend of weaponizing allegations of anti-semitism.

“If this goes through, it would uproot me from the community I’ve built here,” he added.

“My illusion of Berlin has been shattered by the lack of response to the genocide,” stated Shane O'Brien, one of the Irish targets, emphasizing that the violent repression of Arab communities in Germany left him shaken.

Meanwhile, Roberta Murray told The Intercept that the removal feels like a rupture, emphasizing that her entire life is in Germany, and that she's not making any plans for Ireland. I believe that we will win — and that we’ll stay. I don’t believe this will hold up in a court.”