Immigration and Customs Enforcement (ICE) looked into the implications of expelling foreign nationals from the U.S. over their political beliefs during the Trump administration, The Guardian reported.
Newly unsealed documents show ICE and top White House lawyers at the time put forth two memos discussing performing ideological screenings on foreign nationals. The memos ultimately concluded the screenings would be illegal.
“It seems likely that at least a large fraction of those aliens located in the United States who would be the subject of the vetting would be able to assert various constitutional rights. We therefore recommend assessing proposals being considered on the assumption that the aliens within the United States are generally protected by the Constitution,” one of the memos read.
POLL: Should Trump be allowed to run for office?
Another memo discussed nationals who “endorse or espouse terrorism" and concluded exclusion or expulsion of these people would be unconstitutional.
“The security-related inadmissibility ground for endorsing or espousing terrorist activity targets speech that demonstrates a degree of public approval or public advocacy for terrorist activity. Depending on an alien’s immigration status, contacts with the United States, and location, First Amendment concerns may limit use of this inadmissibility ground," the memo read.
“In cases involving aliens within the United States interior – lawful permanent residents either inside or outside the United States, or aliens outside the United States who have significant US contacts, First Amendment protections could apply.”
The memos were obtained by Columbia University’s Knight First Amendment Institute via a Freedom of Information Act (FOIA) lawsuit that was filed in 2017.
Read the full report over at The Guardian.
