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Post Reports

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

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.
25:55

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Quick takeaways

  • 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.

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