In today's immigration climate, many people are concerned about how much they can express themselves without facing consequences. Can immigrants openly criticize the government without risking their immigration status? Are there limits to free speech for non-citizens in the U.S.? With immigration policies becoming stricter, it’s essential to understand what rights immigrants have and what risks they may face when engaging in activism or political discourse, even on social media.
At Landerholm Immigration, we want to shed light on this critical issue and provide clarity for residents, Dreamers, and undocumented immigrants alike.
Do Non-Citizens Have Freedom of Speech?
Many people assume that simply living in the U.S. grants them the same rights as citizens. While the Constitution does protect free speech for all individuals, it does not mean the government cannot take action against immigrants for exercising that right.
For U.S. citizens, freedom of speech is absolute—they can protest, criticize the government, and express their opinions without fear of deportation. However, permanent residents, DACA recipients, and undocumented immigrants are not afforded the same level of protection. Their activism can, in some cases, be used against them in immigration proceedings, even if it occurs only on social media.
Risks for Permanent Residents
Many green card holders assume that their status is secure, but this is not always the case. One of the ways a permanent resident can face deportation is if they are deemed a threat to national security.
A recent case that has drawn attention is that of Mahmoud Khalil, a permanent resident who participated in pro-Palestine protests. The government has accused him of having ties to terrorist organizations, putting him at risk of deportation. The concerning aspect is that an individual does not have to commit a crime to be deemed a security threat—simply being associated with the wrong group or cause can be enough.
With recent policies that classify certain cartels and gangs as terrorist organizations, this approach could be expanded to deport more individuals, even if they have not committed any crimes. If the government decides a protest poses a national security risk and an immigrant was present, they could face removal proceedings. The same applies to activism on social media—what was once considered a safe space for free expression is now being scrutinized more closely by authorities.
Risks for Dreamers (DACA Recipients)
DACA recipients are in an even more fragile situation than permanent residents. Unlike a green card, DACA is not a permanent status—it is a temporary benefit that can be revoked at any time. One of the main requirements for maintaining DACA is demonstrating “good moral character.”
If a Dreamer is arrested during a protest, even if they have not committed a serious crime, the arrest alone could be enough to cause them to lose DACA and become vulnerable to deportation. If a protest turns violent and the government classifies it as a national security threat, the consequences for immigrants involved could be severe.
History has shown that when the government wants to deport someone, it will look for legal justifications to do so.
How to Protect Yourself
We are not suggesting that immigrants should not fight for their rights. Advocacy is crucial, but it is essential to do so strategically and safely.
- If you are eligible for U.S. citizenship, apply as soon as possible. Citizenship is the best protection against deportation and grants full political rights, including the ability to protest without fear.
- If you have DACA, consult with an immigration attorney before participating in any protest that could be considered controversial or high-risk.
- If you have pathways to adjust your status to permanent residency, pursue them as soon as possible.
- If you choose to express your opinions online, do so peacefully and with full awareness of the risks. Be mindful of what you share and ensure that it cannot be misconstrued as inciting violence or supporting a designated terrorist group.
Final Thoughts
What once seemed impossible is now becoming a reality—immigration policies are tightening, and any misstep can put an immigrant’s status at risk. If you are a permanent resident or a Dreamer, think carefully before taking action. This is not about staying silent, but about being strategic and protecting your future.
If this information is helpful, please share it with others who might need it. If you have concerns about your immigration status, contact Landerholm Immigration to discuss your options. Our team is here to help you navigate these complex issues and ensure you have the best legal protections available.