Immigrants’ Right to Protest: Legal, Political, and Global Impact

Why in the News ?

Indian student Anjani Srinivasan was deported from the U.S. after her visa was revoked for alleged pro-Hamas sympathies. Similarly, Palestinian activist Mahmoud Khalil was arrested, raising concerns over immigrants’ right to protest and the limits of free speech.

Immigrants’ Right to Protest: Legal, Political, and Global Impact

National Security vs. Immigrants’ Rights:

  • Domestic politics influence the implementation of international human rights law.
  • Non-citizens’ legal status (student visa, green card holder, or undocumented) affects their right to protest.
  • The S. First Amendment protects non-citizens’ free speech but does not guarantee equal rights in deportation proceedings.
  • Immigration laws allow deportation of non-citizens supporting designated terrorist groups, but the vagueness of such laws raises concerns.

Geopolitical Consequences and U.S. Soft Power

  • The S. risks losing global credibility if it selectively enforces laws against immigrants.
  • Weaponizing legal provisions to target foreign activists could set a precedent for other nations to suppress dissent.
  • While the U.S. legal system remains robust, the unfolding deportation cases will test its commitment to democratic values.

About International Human Rights and Free Speech:

  • Article 19 of the International Covenant on Civil and Political Rights (ICCPR) guarantees freedom of expression to both citizens and immigrants.
  • However, Article 19(3) allows states to impose restrictions for national security and public order.
  • Many liberal democracies offer greater protections, while others impose stricter controls on non-citizens’ right to protest.

Illegal Migration: Definition and Indian Context

  • Illegal migration refers to people crossing international borders without valid documents or using unauthorized means.
  • In India, the Citizenship Act, 1955 defines an illegal migrant as a foreigner who:
  • Enters India without a valid passport or required travel documents.
  • Overstays beyond the permitted duration despite having valid travel documents.
  • It poses security, economic, and demographic challenges, necessitating strict border control and legal frameworks.