The Electronic Frontier Foundation (EFF) has filed a lawsuit against the Trump administration, alleging that the increased monitoring of immigrants’ social media accounts for visa revocation undermines the free speech rights of both noncitizens and citizens. The lawsuit, brought on behalf of labor unions such as the United Automobile Workers and the American Federation of Teachers, argues that this policy hinders speech by inciting individuals to self-censor in order to avoid visa issues.
According to the complaint, many members of the unions represented have refrained from expressing opinions related to topics that may be disfavored by the government, especially in online forums where scrutiny is expected. The lawsuit states some individuals have even reduced their participation in union activities due to fear of repercussions related to their activism. EFF senior staff attorney Sophia Cope explained that this chilling effect may also pertain to U.S. citizens, particularly those with relationships to visa holders who could face penalties for their online expressions.
Secretary of State Marco Rubio has defended the administration’s position, asserting that the government can revoke visas for various reasons. He has emphasized that while the U.S. is not targeting individuals for benign complaints, it retains the authority to deny visas to students whose actions are perceived as contrary to U.S. foreign policy, including support for activist movements he deems disruptive. He referred to visas as “a gift” rather than a right.
The EFF contends that such practices raise significant First Amendment issues, particularly as visa revocation criteria have recently expanded. Instances have arisen where immigrants faced visa revocation for negative comments related to certain public figures. Cope states that constitutional rights, including those enshrined in the First Amendment, should apply to all individuals physically present in the U.S., regardless of citizenship status, asserting the importance of upholding free speech for everyone in the country.
Source: https://www.theverge.com/policy/801110/eff-catch-and-revoke-visa-social-media-surveillance-lawsuit