THE FEDERAL GOVERNMENT HAS ALMOST ABSOLUTE POWER OVER THE IMMIGRATION

 The Supreme Court held in the past that the First Amendment applies to noncitizens in the United States when it comes to criminal and civil penalties, and the noncitizens have the same protections as citizens of the United States. However, those protections do not necessarily apply to deportations. The federal government has nearly absolute power over the immigration, including the ability to deport noncitizens; the executive branch gets to decide who can enter the United States and who can stay in the country. In 1952 the Supreme Court held that the government could have deport members of communist party without violating the First Amendment. The government recently often cited 1952 statute allowing them to deport noncitizens for view that hamper U.S. foreign policy, even speech was enough to justify deportation. However, the due process rights still apply to the noncitizens.

The Supreme Court did not address the issue of free speech as basis for deportation since the Red Scare of 1940s and 50s, whereas lower courts have been divided. Since the Trump's administration is challenged in application of their aggressive approach, it seems unavoidable that the Supreme Court eventually will have to address the issue. My bet is that the Trump administration will prevail for, as I stated above, the executive branch has almost absolute power over immigration.

Janusz Andrzejewski is a New York attorney, admitted to practice of law in 1993, You can contact him by telephone (212-634-4250) or preferable, by e-mail at: janusz@januszandrzejewski.com