A human rights lawyer has said that current US immigration policies and new changes being introduced by the Trump administration are creating “second-class citizenship” and could see an effective ban on pro-Palestinian immigrants.
Speaking to The New Arab’s sister site Al-Araby Al-Jadeed, prominent American civil rights attorney Robert Patillo warned that proposals published on March 5 and other measures could have dire ramifications for those whose views don’t align with US government policy – particularly on Palestine.
The proposals suggested that the social media accounts and histories of non-citizens applying for asylum, green cards or citizenship should be accessed and tracked and that data gathered would assist in conducting investigations related to “identity, national security, public safety, and vetting”.
“It’s a very rough time for immigrant families and communities,” Patillo commented.
He added that no legal recourse was being provided for individuals unable to prove their status, which meant there was no way to challenge deportations when these were ordered.
Since President Donald Trump took office on 20 January, he has passed a slew of contentious immigration-related executive orders targeting both undocumented migrants and those with non-permanent residency rights.
During his presidential campaign, he called for “mass deportations” of migrants.
The US government’s Citizenship and Immigration Service (USCIS), which proposed the March 5 measure, stated that it was necessary in order to comply with Executive Order 14161: “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” that Trump signed on 20 January.
While these measures were already in place for non-citizens applying to enter the US, now they will be applied to those already in the US who are in the process of applying for permanent residency or citizenship or renewing other forms of residency.
Estimates suggest the plans will affect over 3.5 million applicants annually.
Patillo explained that applicants for asylum, permanent residency or citizenship could be rejected based on social media posts if their views were deemed hostile to US policies or supportive of Palestine.
He said even those trying to obtain a visa to come to the US would likely find themselves denied entry “if they shared a meme, if they share a picture in support of the Palestinian people or the people of Gaza”.
Patillo predicted the plans would be challenged on the grounds that they violate the US Constitution’s First Amendment, and that cases on this would probably make their way to the Supreme Court.
However, he added, “the issue is that President Trump has been able in his first term to staff the court with six conservative justices. And if they vote together, regardless of what precedent says and regardless of what the prevailing view of law is, then they will prevail”.
Regarding the threat to non-citizens – even those with residency rights – he highlighted the case of Columbia University student Mahmoud Khalil who was arrested last Sunday for leading protests last year in solidarity with Gaza.
“President Trump made it clear during the campaign that he does not differentiate between Gazans, Palestinians and Hamas. He sees them as all being the same group,” stated Patillo.
Based on this logic, Trump stated this week that anyone taking part in the demonstrations was a Hamas supporter,.
Pattillo said that this would mean college students would no longer be allowed “to protest in support of ending the Israeli war in Gaza”.
Pattillo said that the Trump administration’s new changes regarding immigrants, including the deportation plans and the plan to access the social media accounts of applicants for green cards and citizenship, reflect a double standard on freedom of expression.
He said the First Amendment to the US Constitution, which guarantees freedom of opinion and expression, no longer applies when it comes to Palestine.
“So when we talk about free speech, it’s a great theory, but in practice, as of right now, it is no longer the case when it comes to Palestinians,” he said.
This is an edited and abridged translation from our Arabic edition.
