European Courts Are Also Determining Immigration Policy—Not an Exclusively American Issue

Watching from across the pond many European and in my case British nationalists have been inspired by the continued victories the Trump administration has managed on the issue of immigration. Trump recently won the right to deport immigrants to third countries (that is, countries that are not their own) and then won the case allowing the Federal government to refuse to recognise the “birthright” citizenship of illegal aliens in the United States. These are fantastic victories and unfortunately not victories that are being won here on the other side of the frigid Atlantic.

Today the Court of Justice of the European Union ruled [PDF] that Italy cannot deport people back to their own countries unless legislation and “accessible sources” (aka public non-profit sources like NGOs) have determined a country is safe.

This ruling effectively rules the entire world outside of the liberal West “unsafe” for people to be deported to unless a European country’s legislature has passed a specific law to designate it safely. So, the CJEU has effectively removed the ability of national authorities to determine where to deport false asylum seekers and refugees and put these determinations into the hands of NGOs and the embarrassingly poor legislative processes of Europe’s failing nation-state democracies. Italy is lucky in the sense that the majority government of Giorgia Meloni was able to pass such a law, the law challenged in the suit, but in many European countries these designations are made by the cabinet or even individual ministers.

Furthermore, the CJEU stated in its ruling that any designation of a safe third country—including those put in place by legislation—must be subject to judicial review. This is a major departure from the governing structures in numerous European countries that operate without English-inspired judicial review that is embedded in common law.

Countries such as the Netherlands, Sweden, Finland, and others have extremely limited or even non-existent judicial review processes as concerns government policy and as a result of this ruling the CJEU could force a major restructuring of the judicial and constitutional systems of more than a handful of European countries. All of this has occurred without popular input and as a result of a lawsuit brought about by two failed Bangladeshi asylum seekers which Italy sent to Albania for detention and processing.

Finally, the court ruled that “However, a Member State may not include a country in the list of safe countries of origin if that country does not offer adequate protection to its entire population.”

This is extremely concerning. Will courts interpret that non-European countries that don’t have liberal “rights” do not adequately protect their entire population? Will a lack of gay marriage now be grounds to accept every refugee from Turkey or Thailand? Will the criminalisation of abortion in parts of Africa mean that the entire population of that continent now has a right to claim asylum in Europe? This ruling is extremely broad and will likely lead to a massive surge in immigration to Europe if national governments do not tackle this issue in defence of national sovereignty.

Ultimately the people of broader West and Europe in particular are going to need to ask themselves if the destruction of our homelands by international institutions like the European Union and its related continental courts is truly worth it. Is a land border without a 2 minute passport check truly worth unrelenting refugee flows? Is a single currency and customs area really a worthy trade for making our children minorities in these ancient lands we’ve inhabited as a Christian and distinctly European civilisation for more than 1,000 years? The British people decided in 2016 that these trade offs were indeed not worth it and our BREXIT vote was inspired by the clear need to separate ourselves from institutions that hated our country.

Now we focus on the domestic front of the struggle to end the Great Replacement and I invite all European peoples to follow our example and leave these institutions that hate us.

We can always build more when we’ve secured our future as sovereign and cohesive nation-states.

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