Is it Constitutional To Deport Immigrants for Political Speech?
Immigrant students who express sympathy for Hamas will have their visas and green cards revoked so that deportation proceedings may be brought against them, Secretary of State Marco Rubio posted to X on Monday. The State Department, which began carrying out the “catch and revoke” program last week, will use artificial intelligence to sift through foreign nationals’ social media accounts for pro-Hamas sympathies. Rubio said the U.S. has “zero tolerance for foreign visitors who support terrorists” and vowed to deport “violators of U.S. law.” While the constitutionality of the program is dubious, it is unambiguously un-American to punish people for political speech.
The initiative follows two executive orders signed by President Donald Trump. The first, enacted on January 20, states that the policy of the U.S. is to “protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, and espouse hateful ideology.” The second, signed on January 29, mandates the U.S. crackdown on anti-Semitism by “prosecut[ing], remov[ing], or otherwise hold[ing] to account the perpetrators of unlawful anti-Semitic harassment and violence.” The order directs the secretaries of State, Education, and Homeland Security to conduct investigations and remove aliens who endorse designated foreign terrorist organizations.
In the second order’s fact sheet, Trump explicitly states that he intends to “deport Hamas Sympathizers [and] quickly cancel the student visas of all Hamas sympathizers on college campuses.” “Hamas sympathizers” is left undefined, but Jenin Younes, a civil liberties attorney, tells Reason that the term is clearly “used to apply to students who simply sup
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