Author’s Note: This is the second in a series of articles on the Trump administration’s effort to remove several legal aliens based on a finding by the secretary of state, under Section 1227 of federal immigration law, that their continued presence in the United States “would have potentially serious foreign policy consequences.” (See the first piece here.)
In the first post of this series, I addressed the Trump administration’s tactics of making unnecessary and potentially dangerous arrests even though the legal aliens at issue are not accused of crimes, much less violent crimes, and doing so for no better reason than to forum shop. Now, I turn to an even tougher question: Should the government be trying to remove legal aliens based, at least in part, on speech and activity that would be First Amendment–protected if committed by an American in the United States?
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