Last Updated:
US Secretary of State Marco Rubio said visa holders can’t use the First Amendment to support foreign terrorist groups. The Trump administration deported students for pro-Palestinian protests, but courts blocked some deportations.
US Secretary of State Marco Rubio said in an opinion piece that he would continue exercising his authority to support President Trump’s zero-tolerance approach to foreign nationals who abet terrorist organizations. (IMAGE: REUTERS)
US Secretary Of State Marco Rubio said that visa holders or aliens (referring to immigrants) cannot use the right to free speech (under the First Amendment) as an excuse to support foreign terrorist groups like Hamas, Hezbollah, or the Houthis. In an opinion piece published on broadcaster Fox News website, the US Secretary of State wrote: “The Supreme Court has made clear for decades that visa holders or other aliens cannot use the First Amendment to shield otherwise impermissible actions taken to support designated foreign terrorist organizations like Hamas, Hizballah, or the Houthis, or violate other US laws. They will continue to face consequences – including visa denial, revocation, or deportation.”
The opinion piece was published as the administration of US President Donald Trump deports students who were seen participating in anti-Israel protests and were seen engaging in acts of protests that were deemed sympathetic to Palestinian militant group Hamas as the war in Gaza continued.
An immigration judge ruled Friday that a pro-Palestinian student protester, a US permanent resident detained by the Trump administration, can be deported, his lawyer said.
Assistant Chief Immigration Judge Jamee Comans, based in the state of Louisiana, said the federal government had met its burden to prove it had grounds to deport Mahmoud Khalil, according to a statement by his attorney.
Immigration officers have similarly detained and sought to deport a Tufts University student from Turkey, Rumeysa Ozturk, and Columbia student Yunseo Chung who is a US permanent resident originally from South Korea.
Their deportations have been blocked for now by courts.
Rubio wrote in the opinion piece that he would continue exercising his authority to support US President Donald Trump’s “zero-tolerance approach to foreign nationals who abet terrorist organizations or participate in activities that threaten our national security or compromise a compelling foreign policy interest”.
WHAT DOES THE US SUPREME COURT ACTUALLY SAY?
Over the years, the US Supreme Court has sent a mixed message on whether people who hold US visas, like students, workers, or tourists, actually have the same right to free speech as American citizens.
In some cases, the Court has said yes. For example, in Bridges v. Wixon (1945), it protected a legal immigrant from being deported just because of his political beliefs. But just a few years later, in Harisiades v. Shaughnessy (1952), the same court said that even a legal resident could be deported if they had previously been part of a group considered a threat. In this case it was the Communist Party, which went on to show that political views could still become a reason for removal.
The pattern continued in Kleindienst v. Mandel (1972), where the US denied a visa to a foreign scholar invited to speak at American universities. The Court said the government had the right to decide who gets in, even if US citizens wanted to hear what the speaker had to say, according to a release by the Legal Information Institute.
In a 1999 case, the Court backed the idea that even peaceful political associations could be a reason to deport someone, not because they did anything wrong, but because of who they were linked to.
The case involved the US government’s attempt to deport eight noncitizens, seven Palestinians and one Kenyan, because of their political associations. They were targeted under a Cold War-era law (the McCarran-Walter Act) for being linked to a group that supported world communism, which was then grounds for deportation. The US government of the time had admitted that none of them had committed any crimes or engaged in terrorism. They were being deported solely because of their political beliefs, distributing related materials, talking to others in the group and raising money for humanitarian causes, according to a press release by the American Civil Liberties Union (ACLU).
“US visa holders should know in no uncertain terms that the US government’s rigorous security vetting does not end once a visa is granted. Working together with DHS and other law-enforcement and security agencies, we continuously monitor and review these cases,” Rubio wrote in his opinion piece.
- Location :
Washington D.C., United States of America (USA)
