President Donald Trump issued Executive Order (EO) 14204, “Addressing Egregious Actions of the Republic of South Africa,” on Feb. 7, 2025, creating an exception to the refugee ban, driven by concerns over South Africa’s racially discriminatory property confiscation practices.
EO 14204 follows the enactment of South Africa’s Expropriation Act 13 of 2024, enabling the government to seize agricultural property owned by ethnic minority Afrikaners without compensation.
Key Provisions
- Suspension of Aid and Assistance: The EO mandates that the United States shall not provide aid or assistance to South Africa as long as the country continues its “unjust and immoral practices.” This includes halting foreign aid and assistance delivered by all executive departments and agencies.
- Promotion of Afrikaner Refugee Resettlement: The EO emphasizes the resettlement of Afrikaner refugees who are victims of government-sponsored race-based discrimination. The Department of State (DOS) and the Department of Homeland Security (DHS) are directed to prioritize humanitarian relief, including admission and resettlement through the United States Refugee Admissions Program (USRAP).
- Humanitarian Considerations: The EO directs the DOS and DHS to take appropriate steps to prioritize humanitarian relief for Afrikaners in South Africa who are victims of unjust racial discrimination. This includes submitting a plan to the president through the assistant to the president and Homeland Security advisor.
By suspending aid and promoting the resettlement of Afrikaner refugees, the EO aims to address deemed human rights violations, representing the U.S. government’s stance against perceived discriminatory practices in South Africa. The suspension of processing refugee applications under the USRAP, except on a case-by-case basis, outlined in EO 14163, “Realigning the United States Refugee Admissions Program” as well as the suspension of other humanitarian programs, indeed adds a layer of complexity to the situation.
Jackson Lewis attorneys will continue to follow this issue and provide updates.