Comment by immibis

Comment by immibis 2 days ago

34 replies

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.

anigbrowl 2 days ago

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.

  • andsoitis 2 days ago

    > 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...

    • lcnPylGDnU4H9OF 2 days ago

      > if you support a terrorist group

      What does "support" mean in this context?

      • andsoitis 2 days ago

        Commonly, when we talk about "support" for an organization (or a cause) it can mean any of the following:

        1) financial (e.g. donations, membership fees, investments)

        2) human resources (e.g. volunteers, staffing, training)

        3) material & in-kind (e.g. equipment, office space, supplies)

        4) knowledge & expertise (e.g advisory, R&D, workshops, training)

        5) networking & partnerships (e.g. collaboration, referrals, advocacy alliances)

        6) policy & institutional (applies to governments, not individuals, so not relevant "in this context")

        7) community & social (e.g. public awareness, volunteer mobilization, cultural legitimacy)

    • UncleMeat a day ago

      The Taliban sucks shit. I also thought that the war in Afghanistan was a monstrous campaign of death and I publicly said this throughout the war. Should I be punished by the state for "supporting a terrorist group?"

      I'm very sorry but advocating for not bombing hospitals in Gaza is not "supporting a terrorist group."

      • andsoitis a day ago

        > I'm very sorry but advocating for not bombing hospitals in Gaza is not "supporting a terrorist group."

        I don't think we disagree on this.

        In practice, protests are a mix of people but onlookers take a binary stance. It is not going to be difficult to see at protest a poster or cameras capture someone shouting something like "globalize the infitada! or or death to America".

        Complicating matters further, protest organizers and the protesters themselves have more of a fluid behavior and motivations - it is not a club where membership is controlled and patrolled, a protest's mission is usually a little vague and fluid, etc.

        And that is, I think, where the real risk lies - you are at a protest and you can find yourself surrounded by others who ARE supporting Hamas even if you're not and you get lumped together.

        This happens on "the right" as well. You'll have some Neo-Nazi's in a conservative protest against XYZ, and now all of a sudden they're all Nazi's.

        It is deeply unfortunate.

    • slt2021 2 days ago

      How is protesting against the genocide suddenly becomes “supporting a terrorist group”?

      Only material support for terror group (fundraising and sending $$$ to people in the OFAC list)

      • andsoitis 2 days ago

        See my reply to sibling about what people generally mean with the word "support".

      • [removed] 2 days ago
        [deleted]
    • anigbrowl 2 days ago

      [flagged]

      • andsoitis 2 days ago

        > goalposts

        I'm sorry you feel that way, but perhaps what I can say is that I'm trying to be hyper-precise about the boundaries (as I see them at least), rather than move them.

        I think it is fine to be outraged about:

        a) systematic racist (read: selective) application of the law

        b) no due process

        c) egregious mistakes

        d) commanding the military to stampede cities (ok, in reality, it is more show than scary, but the precedent is unacceptable)

        What I don't think is valid is arguing that the government should not apply the law as it stands, which empowers the government to revoke or deny visas (or residency application or naturalization application) for reasons enumerated by the State Department: https://travel.state.gov/content/travel/en/us-visas/tourism-...

        • anigbrowl 2 days ago

          Nobody was making such an argument and you know it.

JumpCrisscross 2 days ago

> 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.

[removed] 2 days ago
[deleted]
slt2021 2 days ago

if it is not arbitrary, as you claim, surely it must be encoded in law and history of past precedents, right ?

Israeli people need to read the 1st Amendment that we have in the US

  • immibis 2 days ago

    The USA does have a long history of punishing people severely for protesting.

    • slt2021 2 days ago

      [flagged]

      • andsoitis 2 days ago

        > it is another thing to punish people protesting a third country israel. > it just signifies who really occupies all positions of power in this country

        who is this group of people who occupy all positions of power in this country? men? white men? republicans? billionaires? women? straights?

        which group of people have their grabby hands all over the positions of power in this country?