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Notes -
Columbia Student Hunted by ICE Sues to Prevent Deportation
A 21-year old, third year Columbia student is wanted by ICE. She's a legal permanent resident who has lived in the United States since she was 7 years old. This is different from the case of Mahmoud Khalil in very notable regards:
As someone who has been very aware of the growing body of European hate speech laws making antisemitism illegal, and the regulatory and legal tactics which are being pursued to tacitly put Americans under the same rules, even I underestimated the extent to which antisemitism would be overtly criminalized in the United States. Although I warned of the US adopting the IHRA definition of anti-semitism years ago on TheMotte, even at the time I didn't think it would form the basis for arresting protestors.
Great! American visa policy should be based on the principle that visa or permanent residency approvals are intended to further the interests of Americans and the United States. Removing people whose presence does not advance those goals should be normal and routine. Admittedly, I'm aware of the argument that this sort of thing just serves the interests of a particular ethnic group of Middle Eastern descent, rather than those of the United States more generally. Ultimately, I see the general principle as more important. Let's agree on this before fighting among ourselves over who exactly ought to profit the most from this way of doing things!
Would this argument also work to defend a hypothetical instance of a Democratic administration revoking the visa of pro-Trump (and hence, in particular, in favour of Trump's current Ukraine/Russia policy) students?
It's an asymmetric weapon; campus protests, and especially administration-tolerated or -supported campus protests, tend very much to the left.
Who said this weapon only works on campus protesters?
How far can it stretch before it stops being "this weapon", and shifts to being a different one? If the standard is "...her[/his] presence in the United States hinders the administration’s foreign policy agenda.", then campus protesters (or rally organizers, or similar) are pretty much the only valid targets.
The right-wing base doesn't generally shout their opinions from a soapbox in the same way, and therefore isn't as vulnerable to this.
I think that "hindering a policy agenda of an administration" could be applied much more broadly than that.
For example, a Harris administration could have decided to deport all Tesla or Twitter employees without US passport on the pretext of them harming their economic agenda. Or an administration could deport all foreign journalists which lean a way the regime does not like. Or you could kick out all foreign professors who do not fall in line with the administration. Or prevent international conferences on topics which you would rather not see discussed. Or deprive areas where the other party is in power of international tourism.
At the end of the day, it benefits a nation greatly if it can make binding commitments about permanent residence being revoked only with due process. In the past, the US was able to attract the very best immigrants. If a highly qualified immigrant is willing to forgo political expression as a condition of their residency they might as well immigrate to China -- getting deported from there as a Westerner is likely less of an ordeal than getting deported from the US is.
This is the hard core of the debate. It's the same with treaties: on the one hand, how do you make a binding commitment when your government potentially switches between factions every four years? On the other hand, how do you make democracy work if you permit governments to bind the hands of their successors?
How fair is it that Biden or Starmer or Boris Johnson can import 600k immigrants in a program that has a guaranteed citizenship at the end of it and then say, "Har har, it benefits the nation that we can make binding commitments about permanent residence, suck it."
Don't get me wrong, your point is legitimate, which is what makes it complicated. I will go so far to say that I think it is a genuine flaw in democracy as a system, which only survived as long as it did because power was firmly reserved to an elite who tended to agree, and who were careful about issues of genuine contention.
With legislative supermajorities. If you can get 51% agreement on something, good for you, but there's no reason to expect that to bind others once a slight shift of political winds leaves you at 49%. But if you can get 60% (or 67%?)? That might be something worth hanging on to for longer, if it's not so soundly refuted that support drops to 40% (or 33%).
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