Authorities with U.S. Citizenship and Immigration Services (USCIS) are increasing their scrutiny of foreigners who want to live and work in the U.S., a move that critics say could have a chilling effect on free speech.
“It’s concerning,” Andrew Chan, an attorney with the Seattle immigration and civil rights law firm MacDonald Hoague & Bayless, said.
In a news release, USCIS stated officers will now be able to consider any involvement in anti-American or terrorist organizations, antisemitic activity, or promoting anti-American ideologies or activities in deciding whether immigrants can receive benefits, including whether they can live or work in the U.S.
“America’s benefits should not be given to those who despise the country and promote anti-American ideologies,” USCIS spokesman Matthew Tragesser said.
Chan said many in the U.S. would agree certain actions are anti-American, such as providing material support to a terrorist group or defacing a religious institution.
“Of course, that is activity that should be banned,” Chan said. “Individuals should have their applications denied. But, they [USCIS] are not only talking about actions, they’re talking about espousing views, so WHO determines what is an anti-American view and from what standard and how is that applied?”
It’s a concern that was raised when a Columbia University student, who was also a Palestinian activist and a green card holder, was arrested in March and threatened with deportation. Mahmoud Khalil was ultimately released, although the Trump Administration insists he committed immigration fraud.
The federal government has also begun giving closer scrutiny to the social media accounts of foreigners who are visiting or hoping to attend universities in the U.S.
And according to the news release, the new USCIS policy “has expanded the types of benefit requests that receive social media vetting.”
“Immigration benefits — including to live and work in the United States — remain a privilege, not a right,” Tragesser stated.
But the right to speak freely has drawn people to the U.S. since the nation’s infancy. Chan said it’s about as American as any ideal can be.
“Freedom of expression, political views, religious freedom, those should be protected, and that’s what it means to be an American,” Chan claimed, which is why he said he has so many concerns about the new policy. “This is the playbook to kind of turn the narrative on its head, and try to basically commandeer the concept of Americanism.”
Chan believes it’s far from American.
“This is what authoritarian governments do to quell dissent.”
Read more of Heather Bosch’s stories here.
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