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Alex
@asenderling.eth
Between this and ICE posting today that they want to stop illegal 'ideas' from crossing the border, this is some of the most authoritarian free-speech infringement from the US government we've ever seen. Indefensible and incredibly alarming.
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sparkz
@jacy
this is literally what the first amendment aims to protect. future law students will be reading these cases in con law in the not so distant future.
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Señor Doggo
@fubuloubu
The first amendment protects your ability to speak, not the consequences of speaking Immigration law and enforcement is not a 1A issue I am broadly against how they are handling the issue because it makes the US look weak and scares foreign visitors, however its not a 1A issue and claiming that it is undermines your point
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Alex
@asenderling.eth
So if Harris won in 2024 she would be able to revoke Visas and start deporting any lawful permanent resident who attended a Trump rally or has a social media post in favor of MAGA so long as she says it's against the National Security interest of the US?
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Señor Doggo
@fubuloubu
Yes, USCIS can deny Visas or revoke Visas per their own internal polices, it is not based on a 1A issue, it is at discretion of the state dept If you don't like that, you can call your Congressman and demand they institute protections, but I severely doubt that any judge would agree that it's a 1A issue if you take it to court Its a bad policy, but not unsound
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Alex
@asenderling.eth
I agree there's some legal complexity here and understand you're not saying you're in favor of this policy, but I think you're incorrect in believing the Executive's discretion to revoke Visas has primacy over 1a protections. I feel confident that the courts, up to the Supreme Court, will overrule the admin in cases where it's clearly only speech they're using as basis for Visa revocation.
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Señor Doggo
@fubuloubu
The court will have to prove that yes, because it is a legally complex question, and in the meantime you can be placed into a facility based on the policy/discretion of USCIS We've given pretty broad authority to the government on this matter, with abuses spanning back to Bush and Obama eras. If you don't like that, you should advocate for those authorities to be removed
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Señor Doggo
@fubuloubu
And by the way, they wouldn't be litigating the 1A issue, they would be litigating how USCIS handled the situation, and their policies that lead to the situation Arguing 1A principles directly in a lawsuit is a surefire way to lose a lot of money
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