Pathway to US residency: Bill introduced to give Afrikaners priority refugee status

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By Enkosi Selane

Journalist


The "Afrikaner Act" would also extend Priority-2 refugee status to spouses, children, and parents of these individuals, provided they are South African residents.


A new bill introduced in the United States Congress aims to provide South African Afrikaners a pathway to U.S. residency, citing concerns over human rights violations connected to South Africa’s Expropriation Act.

The “Asylum for Farmers and Refugees in Crisis and Necessary Emigration Resettlement Act,” or “AFRIKANER Act,” was recently introduced by Representative Troy Nehls of Texas’s 22nd congressional district on Wednesday.

The legislation would designate members of South Africa’s Afrikaners as Priority-2 refugees of special humanitarian concern.

Afrikaner Act details and eligibility

According to the bill shared by Nehls, the Afrikaner Act specifically targets “residents of South Africa who are members of the Caucasian minority group and have suffered persecution, or have a well-founded fear of persecution, on account of their race, ethnicity, or ancestry.”

The legislation would also extend Priority-2 refugee status to spouses, children, and parents of these individuals, provided they are South African residents.

Additionally, the bill text states that applicants could have their cases processed either within South Africa or in a third country.

The proposed legislation further states that applicants cannot be denied “primarily on the basis of a politically motivated arrest, detention, or other adverse government action taken against such applicant as a result of the applicant’s race, ethnicity, or ancestry.”

It also specifies that those granted refugee status under this act would not count against existing numerical limitations in U.S. immigration law.

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Afrikaner Act connection to trump administration policies

This legislative effort aligns with a March 2025 statement from US President Donald Trump, who promised South African farmers a rapid path to U.S. citizenship via his Truth Social platform.

However, on Sunday, the New York Times reported, that currently only 100 Afrikaner farmers are were being considered for refugee status.

“The teams are studying more than 8,200 requests expressing interest in resettling to the United States and have already identified 100 Afrikaners who could be approved for refugee status,” the article reads.

It also noted that the phase one “Mission South Africa” applications program has allowed the deployment of “multiple teams to convert commercial office space in Pretoria into ad hoc refugee centers, according to the documents [seen by the New York Times].”

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Priority refugee classifications

Under the U.S. Refugee Admissions Program (Usrap), refugees are classified into three priority groups.

These are, namely, priority 1, which focuses on individual referrals, priority 2, aimed at group referrals, and priority 3, dealing with family reunification.

As the U.S. government explains, “Priority 1 (P-1) allows consideration of refugee claims from persons of any nationality, usually with compelling protection needs, for whom resettlement appears to be the appropriate durable solution.”

P-1 cases typically require referral from a U.S. embassy, the United Nations High Commissioner for Refugees (UNHCR), or designated non-governmental organisations (NGOs).

In contrast, “Priority 2 (P-2) includes specific groups identified by U.S. law. The open-access model allows individuals to access the program directly, on the basis of certain criteria,” according to official USRAP documentation.

The P-2 designation sought in the Afrikaner Act would provide advantages for applicants.

It would constitute official U.S. recognition of Afrikaners as a persecuted group, potentially streamlining the application process.

Additionally, it would allow applicants to apply directly rather than requiring referral from UNHCR or a U.S. embassy.

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Afrikaner Act reporting requirements

The legislation includes substantial oversight provisions, requiring the Secretaries of State and Homeland Security to submit reports every 90 days after the bill’s enactment.

These reports would detail the number of pending applications, average wait times for various stages of the process, and the number of application denials with reasons.

“Each report required… shall be submitted in unclassified form, but may include a classified annex,” the bill states, adding that the Secretary of State “shall make each report submitted under this subsection available to the public on the internet website of the Department of State.”

The bill is currently under consideration by the House Committee on the Judiciary.

The status of the act can be followed on the US government tracking website.

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