aggiehawg said:
MagnumLoad said:
Fomenting violence against jewish students and interfering with their right to the education they are paying for.
Not just Jewish students but all members of Western Civilization. Being in America is a privilege for Non Americans. And there are very many exceptions to first amendment rights that specifically allow for deportation even for green card holders. Burden is on government to show why a deportation is warranted in a civil showing by clear and convincing evidence, not beyond a reasonable doubt.
8 USC 1182. National Security grounds for terrorist activity. That goes to whether he should have ever been allowed in at all.
And then a following statute, incorporates the above for deportation. So it is his self avowed admission that he is a leader and member of a an organization that advocates for terrorist acts. So for those acts it is not a first amendment issue.
Thank you for the statutory basis that I would assume the government is using. But, the statute helpfully defines what it means to be be a representative of a terrorist organization, and that bit reads
As used in this paragraph, the term "representative" includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.Now, it also further defines "terrorist organization" as such: As used in this section, the term "terrorist organization" means an organization-
(I) designated under section 1189 of this title;(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).So, yes, if he were a representative of a terrorist organization, he would be subject to removal. But I'm not seeing how what he did meets those definitions.
Edit: sorry, I forgot the enumerated activities listed in clause iv, here you go.
(iv) "Engage in terrorist activity" defined
As used in this chapter, the term "engage in terrorist activity" means, in an individual capacity or as a member of an organization-(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;(II) to prepare or plan a terrorist activity;(III) to gather information on potential targets for terrorist activity;(IV) to solicit funds or other things of value for-(aa) a terrorist activity;(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization;(V) to solicit any individual-(aa) to engage in conduct otherwise described in this subsection;(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or(cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training-(aa) for the commission of a terrorist activity;(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.