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Comment by immibis

2 days ago

Whether or not the person has ever attended an anti-Israel protest is an objective standard that is not arbitrary. There are lots of bad things to say, but it's not arbitrary or unobjective.

The 'arbitrary and capricious' part (a legal term of art) is in saying things like attending a protest constitute grounds for deportation absent any published rules or guidance to this effect. While statute law gives wide discretion to the Secretary of State and Attorney-General in immigration matters, there's still an obligation for transparency and process, which is why there's a whole infrastructure set up for contestation, appeals and so on. You cannot just start issuing orders of removal based on, say, whether people like waffles.

As a side note, Israel isn't a US state the last time I looked. I doubt that a blanket ban on political expression could survive a first amendment challenge.

  • > is in saying things like attending a protest constitute grounds for deportation absent any published rules or guidance to this effect.

    The law is clear that if you support a terrorist group, your visa application can be denied or your current visa revoked.

    If we take Hamas for example, they are designated a terrorist group by: European Union, Argentina, Australia, Canada, Israel, Japan, New Zealand, Paraguay, United Kingdom, United States, Organization of American States, Switzerland[1]

    If you are in the US on a non-immigrant visa (you are a guest) and you go to a rally in support of Hamas, I struggle to understand why it would be controversial that the US can revoke your visa ("your permission to be in the US").

    [1] https://en.wikipedia.org/wiki/List_of_designated_terrorist_g...

> attended an anti-Israel protest

The test may not be arbitrary. How the test was chosen is. A CAPTCHA is an objective test; forcing everyone in high school to take one is arbitrary.

(Also, to my knowledge, mere attendance wouldn’t constitute a lawful reason to eject. Material support would have to have been offered, e.g. fundraising for Hamas.