Why in news
Ranjani Srinivasan, an Indian student, had her U.S. visa revoked and left the country after being accused of being a "pro-Hamas sympathiser."
Mahmoud Khalil, a Palestinian student and green card holder, was arrested for allegedly supporting a designated terrorist organization.
Immigrant Protest Rights and International Law
International law, specifically Article 19 of the International Covenant on Civil and Political Rights (ICCPR), grants freedom of expression to both citizens and immigrants.
However, these rights are subject to restrictions for national security and public order.
The interpretation of these rights varies depending on the host country's laws.
Domestic Law and National Security
Domestic politics heavily influence the application of international human rights law.
The U.S. Immigration and Nationality Act, 1952 allows for the deportation of non-citizens who support terrorist activities.
First amendment rights do extend to non citizens, but the level of protection is debated, especially in deportation cases.
Earlier U.S. Supreme Court held that independent advocacy or mere membership in a government-designated terrorist organisation is protected speech under the First Amendment
Section 212(a)(3)(C) of the 1952 Act, which allows deportation for actions with "adverse foreign policy consequences," is seen as vague and potentially open to abuse.
Impact and Concerns
Executive control over immigration judges raises concerns about fairness in deportation proceedings.
The revocation of university funding could deter international students.
These actions could erode U.S. soft power and its international standing.
The use of these laws can be weaponized against those the administration disagrees with.
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