Another Federal Judge Concludes Aliens Generally Can't Be Deported for Their Political Advocacy

And the bail analysis requires considering whether Mahdawi raises "substantial claims" that his deportation (on the grounds that "[t]he Secretary of State has determined that your presence and activities in the United States would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest") would violate the First Amendment. The menace to the security of this country, be it great as it may, from this girl's admission is as nothing compared to the menace to free institutions inherent in procedures of this pattern. As this court observed in Ozturk: The Second Circuit has specifically recognized potential retaliation for protected political speech as a cognizable ground for habeas relief in the immigration context, noting that "to allow this retaliatory conduct to proceed would broadly chill protected speech, among not only activists subject to final orders of deportation but also those citizens and other residents who would fear retaliation against others."

Author: Eugene Volokh

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