Know your rights: Protesting and traveling in the U.S. as a noncitizen
Apr 1, 2025
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María Luisa Paúl, an immigration law and First Amendment rights reporter for The Washington Post, and Heather Kelly, a technology reporter focused on the intersection of tech and law, dive into the complex rights of noncitizen protesters. They discuss recent controversial arrests linked to political activism and the implications for free speech. The duo also offers crucial tips on digital security for travelers, including how to safeguard devices from border patrol scrutiny, and they highlight the legal gray areas noncitizens navigate when expressing political dissent.
The complex interplay between First Amendment protections and immigration law leaves noncitizens vulnerable to deportation for political activism.
Travelers, especially noncitizens, should safeguard their devices and consult legal experts to mitigate risks during border crossings.
Deep dives
Detention Amid Political Activism
Recent detentions of individuals in the U.S. have raised significant concerns regarding the intersection of immigration law and First Amendment rights. Both Mahmoud Khalil, a legal green card holder, and Remaisa Osterk, a Tufts University student, were detained by ICE under accusations of supporting Hamas due to their political activism surrounding pro-Palestinian protests. Khalil, who actively negotiated between students and university administration, was specifically labeled by officials as a radical for his outspoken views. Similarly, Osterk faced arrest for merely co-authoring an op-ed criticizing her university's response to protests, highlighting how participation in political discourse can lead to severe legal repercussions for non-citizens.
First Amendment Protections for Non-Citizens
The First Amendment is understood to protect free speech for everyone in the United States, including non-citizens, yet its application becomes complex within the realm of immigration law. Legal experts emphasize that while constitutional protections exist, immigration authorities have broad discretion to deport individuals based on perceived threats to national security. Historical precedents show a mixed record, where deportations related to political expression were sometimes upheld by the Supreme Court. This ambiguity leaves non-citizens vulnerable, as the government may interpret their actions or speech as grounds for removal without clearly substantiated evidence.
Precautions for Non-Citizens Traveling to the U.S.
Travelers, particularly non-citizens, are advised to take careful precautions with their personal devices when entering the United States. Agents at airports have the authority to inspect electronic devices, making it crucial for individuals to consider what sensitive information they carry. Experts recommend using strong passcodes instead of biometric locks to better protect privacy and suggest restricting access to personal data before traveling. It’s also wise for travelers to consult with legal experts prior to protests or political activities to understand potential risks associated with their First Amendment rights.
From New York to Boston to Washington, we've seen arrests of noncitizens by Immigration and Customs Enforcement, citing ties to Hamas and Hezbollah. The evidence seems to be their participation in protests of the Israel-Gaza war, or social media posts.
Civil liberties groups say the legal justifications are tenuous and potentially unconstitutional. The First Amendment protects the right to speak, protest and publish views, regardless of citizenship status. But experts say that deportation is an area where courts have historically granted the executive branch broad latitude — and that gray area is where the Trump administration is operating.
Today on “Post Reports,” reporter María Luisa Paúl joins host Colby Itkowitz to outline the rights of noncitizen protesters.
