←back to thread

I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 2 comments | 14 Mar 25 14:39 UTC | HN request time: 0.42s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
Show context
fuzztail ◴[14 Mar 25 14:56 UTC] No.43363226[source]▶
I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?
replies(7): >>43363243 #>>43363333 #>>43363705 #>>43363935 #>>43365810 #>>43368434 #>>43369456 #
mc32[dead post] ◴[14 Mar 25 15:06 UTC] No.43363333[source]▶
[flagged]
whats_a_quasar ◴[14 Mar 25 18:44 UTC] No.43365839[source]▶
Green cards cannot be yanked for constitutionally protected speech.
replies(4): >>43366181 #>>43367389 #>>43368811 #>>43369527 #
1. refurb ◴[15 Mar 25 02:54 UTC] No.43369527[source]▶
That is not true.

My understanding is a US citizen could promote a terrorist organization like Al Queda and that would not be a crime (if no imminent threat) as it’s protected speech.

They could be investigated, but if no crime is committed the won’t be consequences.

If you’re a green card holder you most certainly could have your green card yanked for the same speech.

Green card holders are still immigrants and liable to be removed from the US for a host of reasons that aren’t actual crimes. Heck, “moral turpitude” is a reason for losing your green card, and that includes a whole host of speech that promotes things like war crimes.

replies(1): >>43372487 #
2. trollbridge ◴[15 Mar 25 13:43 UTC] No.43372487[source]▶
Yep. I was acquainted with a green card holder from Serbia who got accused of a war crime. He eventually was stripped of his green card and sent to Croatia to face a trial there. The basis was that he didn’t tick the “I am a war criminal” box on his green card application. He submitted to a plea agreement to be incarcerated for not ticking the box for 2 years and then was deported. (This happened back in 2015 under the Obama administration.)

Croatia gave him a fair trial and found him not guilty. Despite that he can’t ever come back to the U.S.; this situation is analogous to what the protester from Columbia is facing. Basically, USCIS can decide you lied on an application about a crime they think you committed, without actually being convicted of that crime. (Or in the case of Slobodan Mutic, eventually being found not guilty.)