WASHINGTON, D.C. – “In India, foreigners don’t enjoy constitutional protection of freedom of speech,” but in the U.S. the goal is freedom of speech as a constitutionally protected right through the first amendment, The Times of India writes.
However, The Times of India reports that, despite this goal, the Trump administration has targeted two Indian scholars for what the U.S. claims is speech supporting the Palestinian terrorist group Hamas.
The Times of India writes a new deportation policy since Trump took the Presidency in the U.S. specifically targets those who may support Hamas, with visas being revoked and deportation for foreign scholars in the American University system.
This situation has prompted The Times of India to ask “can merely expressing a political opinion attract deportation proceedings?” and “does freedom of speech only apply to citizens?”
The Times of India took a deeper look, comparing the constitution of India as well as the constitution of the U.S., and reports that in India, foreigners’ freedom of speech rights are restricted, but in the U.S., according to the Constitution, freedom of speech is given to foreigners as well even during the presence of new laws.
The Times of India argues this is so because the U.S. Constitution states that “Congress shall make no law…. abridging the freedom of speech.” It also mentions, “people,” which The Times of India states isn’t specific to just citizens.
The Times of India also states Columbia University’s Knight First Amendment Institute called Trump’s deportation of students who protest with pro-Palestine speeches as illegal and unconstitutional.
The Times of India charges there’s a chance Trump will try to defend this position by “interplay of the US Constitution with other existing statutes that regulate the activities of non-citizens.”
The Times of India cites the Alien Enemies Act 1798, when John Adams introduced it to restrain political debate and convicted multiple non-citizens. This was overturned when President Jefferson came into power, reports The Times of India.
The Times of India closes by acknowledging the U.S. Constitution “allows for interpretation,” and without the U.S. Supreme Court’s definitive ruling, the issue of non-citizens in the U.S. isn’t so simple.
