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Three unions filed a lawsuit Thursday against the Trump administration, alleging the federal government broke the law. First Amendment rights visa holders legally in the United States using software to search social media for specific viewpoints, including criticism of the US and Israeli governments.
The United Auto Workers, Communications Workers of America and the American Federation of Teachers are suing the State Department, the Department of Homeland Security, US Citizenship and Immigration Services, and Immigration and Customs Enforcement.
It comes after the State Department said it had revoked the visas of at least six people over social media comments about the late conservative activist Charlie Kirk following his murder last month.
“Plaintiffs represent thousands of people whose speech is constrained by the threat of adverse immigration action if the government does not approve anything they have expressed or will say,” the lawsuit states.
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Three unions have sued the Trump administration over alleged First Amendment violations by visa holders. (Photo by JIM WATSON/AFP via Getty Images)
Administration officials argue that foreigners do not have the same constitutional rights as U.S. citizens and are ineligible for visas because the federal government seeks to prosecute them for their speech.
“The United States has no obligation to allow foreigners to come into our country and commit acts of anti-American, pro-terrorism, anti-Semitic hatred or incite violence. We will continue to revoke the visas of those who compromise the safety of our citizens,” State Department Principal Deputy Spokesperson Tommy Pigott said in a statement.
The lawsuit cites high-profile cases and comments from federal officials who claim the government program uses artificial intelligence and other automated tools to monitor visa holders' posts and target people critical of the Trump administration and what the government considers “hateful ideology.”
The federal government has broadly defined support for terrorism to include criticism of U.S. support for Israel and the Jewish state's military actions, as well as support for the Palestinians. The government used this as an excuse to cancel visas.
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The State Department said it had revoked the visas of at least six people over social media comments about the late conservative activist Charlie Kirk after his murder last month. (Getty Images)
The unions' complaint cites the case of green card holder Mahmoud Khalil, who was released in June after months in detention after the government tried to deport him for participating in pro-Palestinian protests at Columbia University.
The lawsuit says immigration threats over views disapproved of by the government have prompted some union members withdraw from public involvement with their unions when organizing events, resign from leadership positions, and “remove, abstain from, or otherwise change their social media and online interactions with unions.”
“This loss of participation harmed Plaintiffs' ability to carry out their organizational mission and interfered with their ability to perform their responsibilities, which include recruiting, retaining and organizing union members; protecting the interests of trade union members; and promoting civic and political engagement among union members,” the lawsuit states.
Many union members stopped expressing their views because “the government has promised and proven that speaking the wrong way can cause life-altering immigration consequences, especially for visa holders and lawful permanent residents,” the complaint states.
The federal government has defined support for terrorism broadly to include criticism of U.S. support for Israel. (AP Photo/Mark Schiefelbein)
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Since the President Donald Trump Returning to the White House in January, the administration began searching the Internet for messages targeting foreigners with a view to potentially revoking their visas.
On his first day in office, Trump signed an executive order ensuring that visa holders “will not engage in hostility to their citizens, culture, government, institutions or founding principles, and will not defend, aid or support designated foreign terrorists or other threats to our national security.”
Over the summer, the State Department said it would begin requiring applicants to make their social media accounts public for government monitoring and that interviews with applicants would determine who might pose a national security threat.
Reuters contributed to this report.
