Can You Be Deported for Protesting the War in Gaza?

As protests against Israel and the war in Gaza continue to spread across the U.S., some politicians are calling for non-citizen protesters to be deported. Can foreign students, asylum seekers, Green Card holders, and other non-citizens be deported for participating in protests?

As usual in immigration matters, the answer is: It depends. Here, we’ll discuss whether and under what circumstances the government can deport non-citizens for participating in demonstrations.

With strong feelings on both sides, the situation on many college campuses Israeli tents.

Before we get to the protests, let’s talk about deportation in general. As you know, people without status in the United States or whose status has expired can be deported. But the government can’t just stick you on a plane and hit the launch button. There is a process that involves attending a hearing in Immigration Court where the Department of Homeland Security (the prosecutor) must prove that you do not have the legal right to remain here. Even if you are deportable, you can file applications for relief, such as asylum, as a defense to deportation. If the judge orders you deported, you can appeal. This process is not fast, and it usually takes a few years before a removal case is finally resolved (detained cases move more quickly).

So the first thing to know is this: If you are a person in the United States without legal status, any contact with law enforcement can land you in removal proceedings. Some states and cities are better than others when it comes to referring detained non-citizens to ICE (Immigration and Customs Enforcement), but generally speaking, it is a bad idea to get yourself arrested if you are here without any lawful status. An undocumented person–like every other human being in our country–has a right to free speech, and so can attend a demonstration, but it would probably be wise to avoid a situation where protesters are being arrested.

People in the U.S. on a temporary visa, such as a student visa, work visa or tourist visa, are less vulnerable than people without legal status. However, if you lose or violate your status, you become deportable. And so if you are a student who is expelled from school or a worker who loses her job, that could make you deportable. It may be possible to maintain status by quickly enrolling in another school or finding a new job, or by filing to change to a new non-immigrant status (using form I-539) before your current status ends, but from an immigration standpoint, it would be better to avoid activities that cause you to lose your status.

For people on temporary visas (students, workers, tourists) as well as asylum seekers, asylees, and people with Green Cards, there are a few other ways to land yourself in removal proceedings. First, if you are convicted of a crime, that could make you deportable. There is obviously a wide range of criminal activity that could apply here. Some types of convictions may not have any immigration consequences; others will, and sometimes a seemingly innocuous crime can have serious immigration consequences. Also, some types of criminal behavior may subject you to mandatory immigration detention or other types of restrictions, such as an ankle bracelet. In short, as I frequently advise my clients, don’t commit any crimes until you are a U.S. citizen.

Finally, one way any non-citizen can run into trouble is if they provide material support to terrorists. While it seems like a long way from protesting a war to supporting terrorists, powerful people have accused pro-Palestinian protesters of supporting Hamas (a designated terrorist organization). While such accusations are mostly false, there are examples of protesters who are expressing support for Hamas or for violence. I think if non-citizens engage in such activities, there is some risk to their immigration status. That’s because the Terrorism-Related Inadmissibility Grounds are very broad, and include anyone who “incited terrorist activity with intent to cause serious bodily harm or death” or who “endorsed or espoused terrorist activity.” Arguably, people who express support for a terrorist group, like Hamas, could be subject to deportation based on the TRIG.

So if you are a non-citizen who wants to attend a protest, what should you do? First, make sure you have proof of your status in the U.S. or easy access to that proof (non-citizens, including lawful permanent residents, are actually required to carry proof of their status at all times). Second, have a plan and a friend or family member who can help you and has access to your immigration documents in case you are detained. Also, make sure you have phone numbers for these people. Third, when you are at a protest, be aware of the situation around you and if people are causing trouble or the police are making arrests, remember that the consequences if you as a non-citizen are detained may be much more severe than for a U.S. citizen engaged in the exact same activity. It may be wise to survey the area around you when you arrive at a protest, so you are aware of the various exit routes should you need to make a hasty departure. 

What are your rights if you are detained? You have a right to remain silent and you do not have to answer questions. However, in some states, you may be required to identify yourself to law enforcement. As such, it does not hurt to familiarize yourself with your state and local law, so you are better prepared to advocate for yourself if need be. Also, it is worthwhile to review a “know your rights” information sheet. I recommend the one created by the ACLU.

Like everyone in the United States, non-citizens have a right to free speech. But when attending protests, you will have to weigh the possible risks against your desire to demonstrate. Knowing your rights and having a plan in advance are the best ways to keep safe while expressing your political opinion.

Finally, I should say that while I strongly oppose the idea of peaceful protesters being detained or deported, I generally do not support the pro-Palestinian protest movement. Most fundamentally, I feel that the movement’s decision to choose sides in the conflict–Israel bad, Palestine good–is far too reductive and only encourages people to harden their existing positions. What I think is needed is radical empathy and openness towards “the Other.” Both sides in the conflict have legitimate narratives and claims to the land, and those of us outside the war zone are better positioned to see and articulate that truth. Until we recognize the humanity of all people involved, and work to understand their stories, we will not be able to communicate effectively with each other, let alone make progress towards peace.

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49 comments

  1. Hi Jason,

    Thank for the article. The article is well written and very informative. However, I don’t agree with your conclusion. Americans are unwillingly dragged in to this war by our corrupt politicians who are heavily paid and bribed by AIPAC. Each 2,000 pound bombs that are being dropped on Palestinians in Gaza are all funded with our tax dollars and we as Americans will do whatever it takes to express our disapproval of this corrupt foreign policy. As Americans and as the leader of the free world, we have gone too far away from our moral values by deciding to fund a genocide that has taken the lives of 40,000+ Palestinians (60% of which are women, elderly and children). Our unconditional funding of this war has tarnished our reputation in the world and we are no no longer in a position in the world to talk and preach the world about moral values. We need to hold our own selves accountable for what we have done to Gaza. 90% of this tiny strip is inhabitable, not even animals can live there let alone the humans. While this war has claimed the lives of so many innocent civilians and while Israel apparently seem to be having an upper hand with its military fire power and weaponry but in the world stage they have lost it. We have many many countries who have now severed their ties with Israel, Including Spain, Ireland, Turkey, South Africa and some other European countries. As consumer when we shop here in the US and we see Israeli products we spit on them and we ask the shop owners to stop bringing produce that are grown on stolen lands of Palestinians. In our work places we have asked our clients not to buy any Israeli products and services because it would be immoral. Even if this war ends today, Israel can not and will not be able wipe off the blood off of its dirty hands. As Americans who are unwillingly dragged in this war we have no other means but to to protest this genocide and your conclusion is trying to even discourage us from doing that. Each night when we go to bed we sleep with lots of guilt knowing that our tax money is killing innocent children on the other side of the world while we sleep at the comfort of our homes, this is a dark image that we all are living here in the US due to this war. We will protest this war and put pressure on these corrupt politicians so they realize that time has now come for them to change their relationship with Israel and drag them to the criminal court of justice and make them pay for all the crimes they committed against humanity.

    Reply
    • While I disagree with some of this politically and factually, I don’t think the purpose of the article was to discourage people from protesting. It was to make sure that people could protest without getting into trouble with the immigration service. While, as I said, I do not support the protests, I think people should be allowed to protest without risking deportation. Take care, Jason

      Reply
  2. Hi Jason, you directed me to post on the blog so here is my question.

    I have successfully renewed my EAD twice with no problem. This is the third time I am renewing, but in this case I was stopped for an open container law and given a citation and court appearance date. I have already sent off my EAD and answered no to being convicted of a crime as I had not yet been convicted in a court of law. Will the EAD possibly denied in this instance, or should I recall the EAD and include the court disposition and other relevant documents? I was not guilty of DUI, neither was I arrested, it was simply a container in the car.

    The I-765 states “have you ever been ARRESTED and/or convicted of a crime?” It also sates in another addendum that this does not include minor traffic offenses, but does include drug and alcohol offences.

    Thanks.

    Reply
    • I do not know if this counts as an arrest, but if so, you might be better off informing USCIS. You can do that online if you have filed online, or by mail. I do not see how this arrest (if it is an arrest) would affect eligibility for an EAD, which I think is only blocked by more serious crimes (such as an aggravated felony). Take care, Jason

      Reply
      • Thanks for the reply Jason. No arrest was made and I was not DUI as I passed the breathalyzer test. I have had my first court appearance and it has been postponed. Would I still then need to inform USCIS?

        Reply
        • If you were not arrested, I think you can say no, but without knowing the exact info, I cannot say for certain. For my cases, I prefer to err on the side of caution and provide evidence about the incident if there is any chance that USCIS might view it as an arrest. I doubt this incident would have any effect on your application, but if USCIS thinks you are lying, that will effect the application. Maybe you want to have a lawyer look at the police document just to be sure. Take care, Jason

          Reply
  3. Tiktok is suing the US govt for alleged violation of 1A…

    I want to ask some questions about that. Time and time again, I see autocracies taking advantage of the 1A…using it as an excuse to push ideas that are dangerous and divisive to national security and to democracy…

    I, in the past, said that autocracy will have an upper hand if the democracy was bound by all the rules but they (the autocracies) are not…To me, it seems that the autocracies are enjoying all the rights but refusing any responsibilities…Should I worry that, seeing tiktok is doing what they are doing…autorcracies will eventually prevail ? (via taking advantage of democratic tools ?)

    Reply
    • I am not all that familiar with the case, though it does seem to me that we as a nation can decide what foreign entities can operate within our borders. Take care, Jason

      Reply
      • Thank you. Hopefully the court will rule in favor of the U.S.

        Reply
  4. Hello sir , i live in california i have an asylum case pending there for 1.5 years no interview. I have a work permit. I just moved to new york. I changed by address with uscis . Now i think my case is transferred to new york asylum office or do i have to transfer it by telling ny office ?
    Secondly i heard ny asylum office has the worst asylum approval rate. And how long is the interview wait time there? Will i be called for interview fast or will i be in backlog since its already been 1.5 years i filed asylum in new york

    Reply
    • You have to file a change of address form when you move – form AR-11, available at http://www.uscis.gov. It should not be necessary, but you can also email the asylum office to let them know. You can find their email if you follow the link under Resources called Asylum Office Locator. The NYC asylum office does have the worst grant rate in the country, though some NY State cases go to New Jersey for the interview. The Asylum Office Locator will tell you which is your office. In terms of when the interview will be, no one knows. You can try to expedite – I wrote about that on March 23, 2022. If that fails, you can try a mandamus lawsuit to force them to give you an interview and decision. Take care, Jason

      Reply
      • Hello Jason, speaking of Newark asylum office in new jersey, is it a backlogged office or fast office for interviews. I filed asylum last month now i just did my fingerprints. Can i expect new jersey office to interview me soon or its like rest of the country offices slow with 10+ year wait

        Reply
        • It is not predictable. A few new cases get interviewed. They are chosen at random depending on availability. The large majority of new cases are not interviewed, as the asylum offices do not have the capacity. I do not specifically know how many new cases are interviewed in Newark, but my guess is that it is not many. That said, it is possible, and so you should make sure you are ready just in case you are lucky. Take care, Jason

          Reply
  5. Hi Jason. My friend encountered quite an unusual situation. I’m wondering if you know about situations like this:
    My friend is affirmative asylum seeker waiting for an interview.
    They went to US Virgin Islands for vacation. On the way back, they were stopped in airport on passport control on the grounds that US visa has expired (interview is pending for >3 years at the time). They were detained & questioned in the airport facility. Even though my friend presented evidence of EAD/SSN/Receipt from USCIS for the case, officers issued a document with (6) charges based on unlawful presence in US. They took passport and told that my friend can return to US where they will be called for trial. Meanwhile, they should check in with ICE upon return.

    3 years passed, hearing is not scheduled and not even in the system when checking based on the provided unique number on document with charges. My friend still checks with ICE yearly. My friend requested for passport to be returned. However, ICE is very uncooperative and doesn’t respond to such requests. When checking in with ICE, officer advised that they don’t have their passport. We did FOIA request with ICE and USCIS to figure out where the passport is and FOIA request from USCIS came back with passport information. Jason, can you advise if passport can be retrieved in any way from USCIS in such situation? We tried to send them email request but they are unresponsive.

    Reply
    • The problem with the Virgin Islands is that you need a passport and visa to return to the mainland from there. That is because the US and British Virgin Islands have an open border and so someone could come to the BVI and then come to the US, and get in without any US inspection. For that reason, everyone who goes to there needs a passport and US visa (or Advance Parole). In your case, it sounds like they served your friend with a Notice to Appear, but never filed that with the court, and so there is no court case. I guess you can contact DHS Office of the Chief Counsel (a link is under Resources) and ask for the duty attorney. Then you can tell them the situation and see if they would be able to start the court case. Alternatively, you could try to expedite your asylum case – I wrote about that on March 23, 2022. If the case gets expedited, they might realize that there is a Notice to Appear and then send you to court. All this assumes that your friend wants to go to court. If not, I guess you can just wait. In terms of the passport, you could try to ask the DHS Office of the Chief Counsel about that, but generally, it is very difficult to get the passport back until the court case is resolved (unless maybe your friend wants the passport in order to leave the US). Take care, Jason

      Reply
      • Thanks for your reply Jason.
        I’m a bit confused why they will be sent to court if they still waiting for an interview?
        My assumption that if they will get invited to the interview & approved, notice to appear should be nullified. Am I wrong in this suggestion?
        I was under the impression that all charges on the notice are not legitimate since my friend applied for asylum and waiting for an interview with standard US docs (SSN/EAD).

        Reply
        • I am not sure what they will do, but I have seen cases like this, where there is a notice to appear issued but no court date, and then, once the case is scheduled for an interview, they cancel the interview and refer the case to court. In other words, once someone is actually paying attention to the case, they refer it to court. Does that always happen? I do not know, but I have seen it happen a few times; most recently earlier this year. Take care, Jason

          Reply
          • Thanks again for your insights, Jason. Your advise is invaluable.

  6. Hi Jason,

    I have a pending asylum application. It has been more than six years of waiting, nothing yet. I am now eligible to apply for EB-2 NIW visa and I will be applying soon. My question is if approved for NIW, can I adjust my status through I-485 form or I would need to go through consular process? I am confused, please help.

    Reply
    • It depends on different factors – It may be possible to get the GC based on EB-2/NIW either by leaving the US or maybe getting the GC here (probably based on a law called INA 245(k). I wrote about these options on August 28, 2018 and September 6, 2018, but you should talk to a lawyer about specifics, and have the lawyer map out, step by step, how you will get from where you are now to having a GC, whether you need to leave the US and if so, how you will return if something goes wrong at the embassy, and any other risks. Take care, Jason

      Reply
  7. Good evening, Jason!
    This year has been harsh on my family financially. We have been struggling, I changed a job and make a lot less money. This summer my wife and I have to renew our work permits but I don’t have a thousand dollars to renew them.. since there is nothing left to save after the bills are paid. If I apply for a fee waiver, will it negatively affect my pending asylum? (Pending since Oct. 2015). Also can I use my child’s medicaid as a proof for a fee waiver? Thank you in advance, have a great weekend!

    Reply
    • The fee waiver will have no effect on the asylum application – asylum seekers are not subject to the public charge rules, so there is no issue. You will have to check the I-912 (fee waiver) instructions about what documentation they want, but proof of Medicaid could be evidence for that. Also, in that case, I would include a copy of the child’s birth certificate to show the relationship. Also, you can include pay stubs, tax documents, bank statement, expenses, such as rent, and other evidence suggested in the I-912 instructions. Take care, Jason

      Reply
      • I am surprised to learn that one can file fee waiver for EAD renewal ??? I thought it was only for initial EAD ?

        Reply
        • The initial EAD is free for everyone. When you renew you can request a fee waiver. Take care, Jason

          Reply
          • That’s a very good news !

            For my last renewal, I remember I have to save to come up with the $410 needed…That is great…

            The biden administration deserves more credit for EAD matters alone, the fee waiver, the 540 extension and 5 year validity…all good news for asylum seekers.

  8. Hello Jason,
    Thank you for keeping us informed. I am a bit concerned about something. I petitioned for a family member who applied for an EAD at the Embassy. USCIS sent him an approval notice and when you check online you would see that the card was ordered since April 18, but he never received the actual card. What would you do in a situation like this?

    Reply
    • If the person is not yet in the US, I do not think they will send the card, but even if he is here, it can take a month or two to get the EAD. Do make sure the address on our I-765 (EAD application) is correct, but otherwise, I do not think there is anything to do yet. If it does not come by the end of May, there is a way to ask that the card be re-delivered on the USCIS website, and so maybe you will try that, but I think it is still too soon to take action. Take care, Jason

      Reply
      • Thank you for your response. The person has been in the US and I see that the card was mailed out yesterday. So, he should get it anytime from now.

        Reply
  9. Hello Mr Jason,

    I need help with my situation here if you can kindly guide me.

    I had my GC thru marriage in December 2023. But asylum office scheduled my interview in June 2024 although I requested withdrawl of asylum in January 2024 but they did not withdraw as of now instead scheduled interview.

    Here is the details of my case:
    > Arrival in US July 2014
    > Asylum filed May 2015
    > Married May 2020
    > GC received Dec 2023
    > Asylum withdrawl requested via email and form Jan 2024 (They responded it may take time to withdraw)
    > Asylum interview notice received May 2024
    > Asylum interview Scheduled June 2024

    What should be best course of action? My asylum attorney is pro bono and is not very responsive. Thank you

    Reply
    • This is annoying and not surprising, but it should not be a big problem. I would email them now or maybe a bit closer to the interview with a copy of the interview notice and a copy of the green card, front and back, and ask them again to withdraw your case. Maybe include a copy of the prior withdrawal request. In the subject line of the email, write “REQUEST TO WITHDRAW – Name, Alien Number, Date of Interview”. I expect they will respond at that time. Worst case scenario, go to the asylum interview, show them the GC, and tell them you want to withdraw. I doubt it will come to that, but I guess you never know. By the way, if you need their email address, follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
      • Thank you Mr Jason, much appreciated

        Reply
      • This is not the first time I hear asylum lawyer being non-responsive/irresponsible…

        Is it a common thing in the immigration lawyer community ? and is it more common in the pro bono immigration lawyer community ? And is it that, the less the immigration lawyer makes, the less attentive and diligent they are ?

        @Ghugho’s case doesn’t seem to be very urgent and removal-threatening now that they are eligible for relief through marriage. But if a person is facing individual hearing tomorrow or next week, and the immigration lawyer is not responding, it could have serious consequences for the immigrant involved…

        Reply
        • In my experience, most pro bono lawyers are hard workers and have good supervision, but not all. Also, most lawyers are busy and so we can only be so responsive. Remember that even private lawyers who do asylum have heavy case loads, and unless they are charging a very high fee, they are busy and cannot always be super responsive. That said, there are some lawyers that are crooks or incompetent and you have to be careful about those. Take care, Jason

          Reply
  10. Hello Jason and Asylum Family,
    I need some information i have US Travel Document as an Asylee and i want to go to Saudi Arabia for a short trip. Anybody knows if Saudi Arabia accept the US Travel Dcoument and do i need anything else to depart back from Saudi Arabia to USA )like my home country passport which is already expired)?
    Please advice.
    Thank you
    Jimmy

    Reply
    • Yes KSA accept Refugee Travel Document. You can apply for one year multiple visit visa for one year. Only UAE is not accepting RTD

      Reply
      • Thank you Salman
        Do you know if I need any extra documents to depart from KSA?
        Somebody told me that with RTD I still need my country passport to depart from KSA?
        Thank you

        Reply
        • I am not sure about this, but it sounds like Saudi Arabia will allow you to travel there if you have a visa in the RTD. I would try to double check that with the embassy when you get your visa, but generally, if you have a visa to visit a country, you can get in. I also do not know whether you need any additional documents to depart, but there is no harm in carrying your country passport with you in case you need it for some reason. If you have to use it, and you are worried that might affect your status in the US, I think you will be fine, as you can explain that Saudi Arabia required you to use the RTD. I wrote more about that on May 25, 2022. Also, of course, with a valid RTD, you can re-enter the United States. Take care, Jason

          Reply
        • No dear no additional documentation is needed. You will get online visa and print it for airline and Saudi Immigration purposes.

          Reply
  11. Just reminder,
    there are still 5 million Palestinian refugees since 1948 in Lebanon Syria Jordan West Bank and Gaza , I’m one of them and based the UN United Nations General Assembly Resolution 1948 and as Always Israel above the law , More than thousands of Palestinian are hostages too And our US government just cares about some Israelis (most have dual citizenship) more than us, Never about Hamas or PLO it’s about our life on our land.
    Hamas Hamas Hamas, Hamas wasn’t between 1948 and 1987 and we got zero rights.

    I was in Boston last week most of the protesters are Jews and they are Pro Palestine, Are they Hamas too ?
    Plus and i don’t like Hamas at all and all religions Group cuz I consider my self as Agnostic but Hamas members are from this land and didn’t come from Poland. There are a refugee from Asdod, Jaffa Asklan Naqab, Everything will be end when all Palestinian go back to their land.

    Last week one Israeli fried told me just go to ?Jordan and we can live in peace, I told him your grandparent born in Morocco just you can go back there, I’m not Jordanian I’m Palestinian and my Grand father born in Haifa and I cant go there now because you came from Morocco.

    The definition of Peace for Israeli people should be updated

    If you are on my position what are you going to say o do JASON ? plz i Realy want to hear the answer from you as an American Jewish, If you born in a refugee camp in Lebanon and cant go to your village 1 hour away from this camp ? what will be your reaction ?

    Thanks

    Reply
    • First, it seems to me that your comment has nothing to do with the article above or with any position I have ever expressed on the protests or the conflict itself. The solution I would like to see for the conflict (which I believe is not possible at the moment or maybe ever) is two states with overlapping jurisdictions where everyone can live. Meaning that if your family is from Haifa, you could move there and live under Palestinian law. Your Israeli neighbor would live under Israeli law, and obviously for many aspects of life in this dream, the two governments would have to closely coordinate. For certain things–maybe marriage and divorce, child custody–your particular government would control that. So in effect, there would be two countries in one territory. The idea/fantasy is to break down the nation state, which I think causes a lot of harm. Also, I think there is enough space for everyone to live if they could refrain from killing each other (and I think most can, but some cannot, wherein lies the problem). Finally, I would say that while there are millions of Palestinian refugees, one big reason for that is that almost no Arab country would accept them as citizens. Something like 700,000 or 800,000 people were forced to leave Palestine, and a similar number of Jews were forced to leave various Middle Eastern countries. Those Jews are now citizens of Israel (or they moved to Europe or the US). Like Palestinian refugees, they did not receive compensation for what they lost. If there is ever Justice in the region, their losses also need to be considered. Take care, Jason

      Reply
  12. Hello Jason,
    I would like also to know if I apply for EB2 considering NIW as I have a master degree from a US university .I would really like your recommendation in what what to do .

    Reply
    • You should get a lawyer to evaluate your eligibility, as that is very case specific, but if you qualify, you would either have to get your GC inside the US, if you are eligible, or if you are not eligible, travel outside the US, which can be very difficult for asylum seekers (and others). I wrote more about this on August 28, 2018 and September 6, 2018, and maybe those articles would help, but ultimately, this can be complicated and you would probably want a lawyer to guide you. Take care, Jason

      Reply
  13. Hello Jason,
    I hope you are doing well. I asked you before about what to do after the death of my husband who was the main applicant for asylum in the US . You told me to apply for asylum and send the application to Atlanta,Georgia.I would like to know if I have to apply based on the same story of my husband and I also would like to know if I will have my own interview even though I had it before with my husband.Would you just tell me the steps as I feel lost . We have been waiting for 9 years ,we applied in 2015 and had the interview in 2018 and no decision even though we requested to expedite it based on my husband’s terminal cancer illnesses.

    Reply
    • It would be a good idea to talk to a lawyer about specifics, but basically, I think you need to file your own application (include any minor children who were part of the case, or if they are now over 21, they need to file their own case). I think you will do that in Atlanta, but you have to check the Special Instructions on the I-589 web page, http://www.uscis.gov, to be certain. I think you should do that as soon as possible. You should also email the asylum office and let them know, and see what they advise. You can find their email if you follow the link under Resources called Asylum Office Locator. In terms of your case, it could be based on your husband’s case or it could be your own situation, or both, depending on what you think is most accurate. Take care, Jason

      Reply
  14. Hi Jason, Can you please answer my following question and let me know your advises?
    My Court is in person so can I apply for FOIA EOIR by myself and is it mail to my residence address? How long approximately will take to receive it? And let me know if there would no be harm in my case if I applied for FOIA EOIR when my lawyer applied too, right?

    Thanks,
    Pat

    Reply
    • You should let your lawyer know what you are doing, as it is better to both be on the same page. Also, the file may be available on line (some cases are online and others are not – the system is called ECAS), and maybe the lawyer can just give you the file. That said, you can do a FOIA yourself. I do not think they will mail a hard copy. I think they send you the file by email. I am also not sure how long it will take, but I do not think it is that long – maybe 3 or 4 months in most cases, though you can never be certain. Take care, Jason

      Reply
  15. Jason, thank you for this article. It’s well articulated.

    However, I do have some points of contention.

    While many protesters are not necessarily demonstrating against Israel or in support of Hamas, the primary focus of their protests is against Netanyahu’s actions. Specifically, they are condemning the indiscriminate killing and bombing of nearly 40,000 innocent civilians, the majority of whom are children. Additionally, Netanyahu’s disruption or complete cut-off of essential supplies like food and water to innocent civilians in Gaza further exacerbates the situation. It’s reasonable to infer that Netanyahu’s actions may result in the starvation or dehydration of millions of innocent people, many of whom have no affiliation with Hamas. This widespread loss of innocent life could be considered genocide.

    Regarding the assertion that protesters could be deemed as providing material support for terrorism, I disagree. The First Amendment protects the right to peaceful protest, regardless of one’s immigration status. Engaging in violent protests would certainly warrant consequences, but peaceful protests should not be equated with supporting terrorism.

    It’s important for those of us who advocate for the right to peaceful protest to refrain from labeling these demonstrators as Hamas sympathizers or supporters. Doing so could fuel the narrative of right-wing extremists and potentially lead to unjust comparisons with other extremist groups. It’s crucial to uphold the principles of democracy and support peaceful protest for just causes without succumbing to divisive rhetoric.

    Reply
    • I think I was pretty clear that I do not consider all protesters to be Hamas sympathizers. However, there is evidence that a few are, and I do think if a non-citizen expresses public support for Hamas or any terrorist group, they risk their status. I could imagine having a case in immigration court where there is evidence that the person supported Hamas – for example, I have seen a photo of someone with a Hamas flag. That is very clearly protected speech, but I would bet that if a non-citizen did that, most judges would order him deported under the TRIG. Could that person potentially fight against removal based on free speech? They could try, but I would not be optimistic about such a case. In any event, my purpose in the article is not to tell people what to do, it is to help them understand potential immigration consequences of different activities, and then they can make their own – hopefully informed – decision about what they want to do. Take care, Jason

      Reply
      • Hi, Jason, thanks for clarifying

        Reply

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