In the first week of January, I received a letter from the Berlin Immigration Office, informing me that I had lost my right of freedom of movement in Germany, due to allegations around my involvement in the pro-Palestine movement. Since I’m a Polish citizen living in Berlin, I knew that deporting an EU national from another EU country is practically impossible. I contacted a lawyer and, given the lack of substantial legal reasoning behind the order, we filed a lawsuit against it, after which I didn’t think much of it.
I later found out that three other people active in the Palestine movement in Berlin, Roberta Murray, Shane O’Brien and Cooper Longbottom, received the same letters. Murray and O’Brien are Irish nationals, Longbottom is American. We understood this as yet another intimidation tactic from the state, which has also violently suppressed protests and arrested activists, and expected a long and dreary but not at all urgent process of fighting our deportation orders.
Then, at the beginning of March, each of our lawyers received on our behalf another letter, declaring that we are to be given until 21 April to voluntarily leave the country or we will be forcibly removed. The letters cite charges arising from our involvement in protests against the ongoing genocide in Gaza. None of the charges have yet led to a court hearing, yet the deportation letters conclude that we are a threat to public order and national security.
If you take a look into the laws, no it doesn’t.
It should though, otherwise you believe “guilty until proven innocent” is valid, and you are a fascist.
Oh but it does. So much so, that even the clerk who was given the task remonstrated. You can look it up here: https://fragdenstaat.de/artikel/exklusiv/2025/04/proteste-berlin-ausweisung/
Her reasoning:
That’s incorrect, let me post the german law:
https://www.buzer.de/6_FreizuegG-EU.htm
So, what does this say: Paragraph 1 says that you can lose the Freizügigkeit only because of “öffentliche Ordnung” , “öffentliche Sicherheit” and “health” (think Covid restrictions).
Paragraph 2 is the one in question and that says that you can’t lose the Freizügigkeit because you are sentenced by a court. You have to be a danger to society (“gegenwärtige Gefährdung der öffentlichen Ordnung”) and just a criminal conviction doesn’t say that. This paragraph doesn’t say that you can’t lose the Freizügigkeit without a court order, it basically prevents the state from deporting every foreigner who commits a crime.
If you read the FragdenStaat text based on this knowledge, it is exactly what happens. The clerk gets asked to start with the process to take away their Freizügigkeit and says that he can’t do this because there are no criminal convictions. And then the higher ups are saying “you don’t need a criminal conviction, our order is based on the police files that prove the danger to society”. So yeah, read the law and be sure to read it correctly.
(And since they have a lawyer that can explain that to them, the whole Guardian article is trash)