Unions are trying to stop Trump from expelling immigrants over his social media posts

The Trump administration’s heightened monitoring of immigrants’ social media accounts for reasons to revoke their visas stifles the speech rights of both noncitizens and citizens alike, the Electronic Frontier Foundation (EFF) alleges in a new lawsuit.

The EFF filed the lawsuit on behalf of labor unions including the United Auto Workers, Communications Workers of America, and American Federation of Teachers, whose members include immigrants who may be subject to the visa cancellation program. It claims that this policy effectively restricts freedom of expression by encouraging individuals to engage in self-censorship to avoid being expelled from the country.

“Many of the Plaintiffs no longer remotely express opinions on topics the government disfavors, especially online where the government monitors,” the complaint says. Some members have also limited their dealings with the unions themselves, she says, for fear of retaliation for general union activity. This chilling effect can extend to American citizens in some circumstances, says Sophia Cobb, a senior staff attorney at the EFF, such as if they are in a relationship with a visa holder who they fear will be punished for their private statements online.

Secretary of State Marco Rubio confirmed in March that the United States has the ability to revoke visas for many reasons, just as it can decide whether to grant them or not. He told reporters that the agency does not pursue people “who complain about paper straws,” but insisted that it has the right to deny visas to students whose activities are “supportive of movements that are inconsistent with the foreign policy of the United States,” a category that includes pro-Palestinian protest. “We will not import activists into the United States,” he said. Text issued by the Ministry of Foreign Affairs. “They’re here to study. They’re here to go to class. They’re not here to lead the activist movements that are destroying and undermining our universities. I think it’s crazy to continue to allow that.” Rubio described the visas as a “gift” and added that “no one is entitled to a visa.”

This reasoning has already raised serious First Amendment concerns for groups like the Electronic Frontier Foundation, but more recently, the criteria for visa revocation have become broader. Tuesday, The Ministry of Foreign Affairs participated It said it had canceled visas for immigrants who posted negative comments about right-wing activist Charlie Kirk after he was killed at a public event, in a continuation of the campaign. A wave of verbal repression campaigns By conservatives. The complaint includes an

Cobb says constitutional protections apply to people in the United States regardless of citizenship status. “Our argument is that if you are here, just as you are subject to Fifth Amendment due process, you are subject to First Amendment protections,” she says.

“If we are a country that values ​​freedom of expression, then we should value it for everyone who is here,” Cobb says. “Otherwise, it doesn’t really mean much.”