The relevant one appears to be “no material support (including dissemination of propaganda) for US designated terror orgs”
Unlike American citizens, visa holders are allowed to remain in the United States only conditionally, and can be deported for violating visa terms - including speech that qualifies as support for terrorism - even without a criminal conviction. Immigration law operates separately from criminal law (8 U.S.C. § 1182(a)(3)(B), § 1227(a)(4)(B)).
Because deportation is an administrative, not criminal, proceeding, the burden of proof is lower, there is no right to a jury trial, and no right to a public defender.
Convictions are for crimes
They aren’t being accused of any crime because there is no criminal code for speech in the United States
They have been found violating the terms of their visa and they shall be deported.
And they do. But if they violate the terms of their visas they are deported.
nostr:npub1n0sxxgvsm4hk0utv9russrtj2p08j0wxddk0jasjtd9aulrcz78slkce54 so charge them! If they really supported a terrorist organization then it’ll be easy to get a conviction.
There’s nothing to charge. It’s a violation of visa terms, not a crime. Like overstaying a tourist visa. It doesn’t mean you’re a criminal, just that you violated the terms of your stay and are now eligible for deportation.
8 U.S. Code § 1182(a)(3)(B)
I don’t know what to tell you
A visa isn’t a right, it’s a privilege. If you want to keep it, you abide by its terms. One of the terms is you don’t support US designated terror orgs.
You can lie on your visa and say you don’t support the KKK but if the government finds out that you do, your visa is revoked.
But as you said, speech isn’t a crime so there is nothing to charge. We’re talking about visa revocation.
nostr:npub1n0sxxgvsm4hk0utv9russrtj2p08j0wxddk0jasjtd9aulrcz78slkce54 the US legal system is very clear that immigrants and people on temporary visas have constitutional rights to free speech, political association, equal protection under the law, and due process. I think those things which are important parts of the American system are really good and should be defended.
Do I want immigrants supporting Dylan Roof or the KKK? No, but I do want a society that protects free speech. Just like I build on Nostr because I believe in building an internet where people can say things I don’t like or want to hear. I’m very confused to find people who advocate for censorship and authoritarianism on a platform like Nostr.
Turns out we don’t need to go by what any one person “wants” because the law actually allows for deportation in the case of visa holders who support US-designated terror groups
If someone states their support for a terror org on their visa application it can and should get denied (non-admittance). If someone starts supporting the KKK after they arrive, they can and should be deported (revocation).
It’s actually a smart solution if you think about it. Why would we import KKK en masse? What on earth for? To what end?
look at it from the other side
Don’t you think that being allowed into a country no matter what your beliefs are is wrong?
What if there was a group of immigrants who cheered for the KKK and Dylan Roof in college campuses, hanging nooses and harassing African Americans.
Do we need to keep them too?
Thousands of years? Arabian peninsula
Hundreds of years? Egypt
nostr:npub1ej493cmun8y9h3082spg5uvt63jgtewneve526g7e2urca2afrxqm3ndrm the most successful part of American society is military and political support for Israel?
And if somebody commits a crime, they can be arrested, charged, put on trial, get a chance to defend themselves, and then face conviction. If they’re breaking a law, there is a process for that. It’s an important part of the 5th amendment equal protection and due process parts of the constitution. After being convicted for an of the illegal acts you mention, then by all revoke their visa.
But if you’re revoking visas of people for constitutionally protected legal speech without a legal due process, that’s the not consistent with aspirations of what America could be.
8 U.S.C. § 1182(a)(3)(B)(i)
Any material support for US designated terrorist groups (including disseminating propaganda) is reason enough for non-admission or deportation of non-citizens
Open shut
The real problem isn’t that they’re getting deported, it’s that they were not suitably vetted in the first place.
Looks like they’re running some AI agent to try and match foreign students to social media accounts. If the US State department doesn’t like the politics of the posts the visa is being revoked. The thing is everyone in the US is protected by the constitution, not just citizens. So this is overturning fundamental rights to free speech and due process.
There is no way for these students to contest this. Many people don’t put their full name on social media, often people have the same name. So not only will this violate students first and fifth amendment protections, it will likely be applied to students who simply share the same name or are confused with other students who expressed a political view the government doesn’t like.
If this program continues it means that no foreign student in the US is safe from arbitrary deportation. All it takes is someone making a bot pretending to be that student making posts the administration doesn’t like. Since there is no process by which the student can even demonstrate the account is fake!
https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/
This is what years of lax immigration policy gets you
People who came here to harass Americans or minority groups should never have been allowed into the country in the first place
Look at how bad things have got in the UK. Believe it or not, this is the moderate solution.