← Back to context

Comment by ameister14

9 days ago

>I'm aware that Khalil's case involves the McCarthyesque Immigration and Nationality Act because he's a lawful permanent resident where non-citizens are being processed under things like the Alien Enemies Act. Let's not get lost in the weeds here

That's not why. Both are non-citizens. The reason the different laws are being applied matters, because they are totally different legal fights, taking place for different social and political reasons.

>All persons on American soil are entitled to constitutional protections [1]

Some, but not to the same extent as citizens where speech is concerned. For example, foreign nationals are not allowed to spend money to directly support a candidate for elected office, though they may spend to influence an issue. Cf Bluman v. FEC with Citizens United.

It's a matter of degrees, and certainly is impacted by immigrant status and ties to the United States. From a free speech issue and where concerning the speech I have heard from him, I think it's clear that Khalil should not be subject to any kind of government restriction or punishment. That said, it seems likely that he may be deported for other reasons.

I don't disagree with you re due process at all.