Should foreign students who appeared to support Hamas be deported?

in liberty •  4 days ago 

For context this is a question I answered on Quora

While IDGAF about this particular tribal war 7,000 miles away, I do not appreciate it being used as an excuse to violate the first amendment which if you paid attention in civics class you’ll remember applies to U.S. jurisdiction not just U.S. persons. The people I thought were against censorship until last year are now cheering on Stasi tactics against people they disagree with over this conflict which the pro-Israel side didn’t take long to engage in after Trump signed an executive order instructing the Secretary of Homeland Security to remove and bar foreign students and workers accused of “providing advocacy” for designated foreign terrorists organizations and harboring “hostile attitudes towards U.S. citizens, government, institutions, or founding principles”. At least one campus Jewish group is reporting their schoolmates and colleagues to the Feds for engaging in wrongthink while studying and working at universities on student and work visas.

Activist group Betar US confirmed to the DCNF (Daily Caller News Foundation) Wednesday that it sent the information to officials in the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), and the White House. The Jewish organization says it documented 100 students and 20 faculty and staff members with visas in the U.S. whom Trump should deport for supporting terrorist groups such as Hamas.

And by pro-Hamas they mean any students who openly criticized or protested against Israel’s recent military actions and policies in Gaza, The West Bank, Southern Lebanon and Syria. They’re coordinating their blacklisting operation across multiple universities.

Levy said his group reported anti-Israel students at campuses such as the University of Pittsburgh, the University of Michigan, New York University, Cooper Union, “and dozens of other egregious schools which have tolerated and encouraged Jew-hatred.” Faculty and staff from Syracuse University, NYU, and the University of California, Davis are also among the named individuals, Levy said.

And according to the NY Post they are using bio-metric surveillance to conduct their blacklisting operation, something the Stasi could only ever dream about.

Betar claims to have identified pro-terrorist visa holders on campus through facial recognition technology, the New York Post reported in November. Levy told the DCNF it also has “students on campuses who continue to send us video.”

Material support for terrorism is already illegal. The only thing Trump’s repugnant executive order does it crackdown on ambiguous and undefined verbal support for terrorism and goes well beyond this by including “hostile attitudes” towards anything American as cause for deportation, something even the U.K. with it’s hate speech laws and social media police raids would find obtuse. This is nothing more than thought policing under the color of law because you cannot modify the first amendment through executive order.

Bridges v. Wixon and Bridges v. California has already made it clear that aliens under U.S. Jurisdiction have first amendment rights. As Justice Francis Murphy mentions in his concurrence:

The Bill of Rights is a futile authority for the alien seeking admission for the first time to these shores. But, once an alien lawfully enters and resides in this country, he becomes invested with the rights guaranteed by the Constitution to all people within our borders. Such rights include those protected by the First and the Fifth Amendments and by the due process clause of the Fourteenth Amendment. None of these provisions acknowledges any distinction between citizens and resident aliens. They extend their inalienable privileges to all "persons," and guard against any encroachment on those rights by federal or state authority.

The Bridges ruling also established that deporting aliens for guilt by association is unlawful which would include reasons as ambiguous as “hostile attitudes” towards American institutions. Being critical of Israel’s actions and policies does not make one a Hamas supporter anymore than being critical of capitalism and supporting labor unions makes one a communist.

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