Post Reports

Know your rights: Protesting and traveling in the U.S. as a noncitizen

20 snips
Apr 1, 2025
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.
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ANECDOTE

Recent Deportations

  • ICE detained a green card holder and Columbia University graduate in New York.
  • Masked officers detained a Tufts University student in Boston, both facing deportation for pro-Palestinian speech.
INSIGHT

First Amendment and Immigration

  • The First Amendment protects free speech for everyone in the U.S., regardless of citizenship.
  • However, immigration law gives the government broad discretion in deportation cases, creating a gray area.
ANECDOTE

Conflicting Court Decisions

  • During the McCarthy era, the Supreme Court upheld deportations of non-citizens tied to communism.
  • In other instances, they ruled against deportation based on free speech, creating legal inconsistencies.
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