Post Reports: Know Your Rights: Protesting and Traveling in the U.S. as a Noncitizen

Published on April 1, 2025 | Host: Colby Ikowicz | The Washington Post

Introduction

In the April 1, 2025 episode of Post Reports, The Washington Post delves into the complex intersection of immigration law, First Amendment rights, and the challenges noncitizens face when protesting or traveling in the United States. Hosts Martine Powers and Elahe Izadi, along with reporter Colby Ikowicz, guide listeners through recent ICE detentions, legal gray areas, and practical advice for safeguarding one's rights and digital privacy.

Immigration Law and First Amendment Protections

Recent ICE Detentions: A Threat to Free Speech?

The episode opens with Colby Ikowicz highlighting unsettling scenarios where noncitizens are detained by ICE for activities tied to political speech. Notable cases include:

• Mahmoud Khalil: A green card holder and Columbia University master's graduate detained in New York after being labeled a "radical foreign pro Hamas student" by Secretary of State Marco Rubio. Rubio stated at [00:26] that this crackdown has "led to more than 300 visas being revoked."

• Rumisa Ostrich: A Tufts University student from Turkey detained in Boston for supporting pro-Palestinian campus protests. Her detention, along with others, appears linked to political expressions rather than legitimate security threats.

• Badr Khansari: A Georgetown scholar from India married to a U.S. citizen of Palestinian heritage, detained at his Virginia home without substantial evidence beyond his social media posts and family connections.

Maria Luisa Paul explains that these detentions often cite vague connections to Hamas or national security threats, primarily based on social media activity or involvement in protests ([04:36]).

First Amendment Protections: Who’s Covered?

Maria Luisa Paul emphasizes that the First Amendment is designed to protect "everyone who is in the United States," regardless of citizenship status ([05:36]). However, complexities arise when immigration law intersects with constitutional protections. The federal government retains broad discretion to deport noncitizens, even if their actions are constitutionally protected.

Paul notes the Supreme Court has produced mixed rulings over the decades, with historical instances like the McCarthy era allowing deportations based on political affiliations, yet other cases have curtailed such actions when based solely on free speech ([07:06]).

Due Process Rights for Noncitizens

While noncitizens retain due process rights, Paul highlights significant disparities in immigration proceedings compared to criminal courts. Noncitizens may lack access to legal representation, and immigration judges operate under the executive branch, potentially influencing impartiality ([09:09]).

In the case of Yanshu Chung, a Columbia University student from South Korea, a temporary restraining order was granted, preventing her deportation based on insufficient evidence of being a foreign policy threat ([11:20]).

Legal Experts’ Advice for Noncitizens Exercising Free Speech

Legal experts recommend noncitizens remain "prepared and have a plan" when engaging in political activities. This includes:

• Informing loved ones of whereabouts
• Keeping attorney contact information accessible
• Consulting with immigration attorneys before participating in protests ([11:57])

Despite the risks, Paul underscores the importance of maintaining free speech as a cornerstone of democracy, cautioning against self-censorship out of fear ([13:01]).

Device Searches at U.S. Borders: Protecting Your Digital Privacy

After a brief interlude, technology reporter Heather Kelly takes the stage to discuss the increasing scrutiny of electronic devices by U.S. border agents.

Scope of Device Inspections

Kelly reports a surge in border agents requesting to inspect smartphones, laptops, and tablets, particularly targeting noncitizens but also occasionally U.S. citizens ([15:17]). This heightened scrutiny is purportedly for security purposes, aiming to detect mismatches between travelers' stated intentions and their digital activities.

Legal Rights and Limitations

At [15:45], Kelly clarifies that at major ports of entry, agents have the authority to ask to inspect devices. Travelers can politely decline, but the consequences vary based on citizenship status:

• U.S. Citizens: Agents cannot deny reentry but may detain devices for extended periods.
• Noncitizens: Refusal can result in denied entry if deemed suspicious ([17:16]).

Agents can perform two types of searches:

1. Basic Search: Manual scrolling through the device’s content.
2. Advanced Search: Digital extraction of data using specialized software, potentially copying all information onto government databases ([18:10]).

Data Handling and Privacy Concerns

Data obtained from advanced searches is stored in government databases for up to 15 years and can be accessed across agencies. Kelly expresses concerns about the safety and privacy of this information, noting the potential for misuse or unintended exposure ([19:48]).

Practical Advice for Travelers

Kelly offers actionable steps to protect digital privacy:

• Use Strong Passcodes: Opt for complex passwords instead of biometric locks ([21:37]).
• Manage Data Pre-Travel: Delete non-essential apps, clear cached data, and avoid conspicuous behavior like setting up a “fresh” phone ([21:37]).
• Enable Airplane Mode: Disconnect devices from the internet before handing them over to agents ([25:18]).
• Prepare Backup Information: Keep essential contacts and information accessible without relying solely on electronic devices ([21:37]).

She warns against behaviors that may raise suspicion, such as overly pristine device setups, which could attract additional scrutiny ([22:23]).

Conclusion

The episode of Post Reports provides a comprehensive examination of the precarious balance between exercising free speech and navigating immigration laws as a noncitizen in the United States. It also sheds light on the often-overlooked digital privacy risks travelers face at U.S. borders. Through expert interviews and real-world case studies, the podcast equips listeners with valuable insights and practical advice to protect their rights and personal information.

For noncitizens, the message is clear: While exercising First Amendment rights is vital, it requires a strategic approach to mitigate potential legal and privacy risks. For all travelers, understanding the scope of digital searches and implementing protective measures can help safeguard personal data against intrusive inspections.

Notable Quotes:

• Marco Rubio on Visa Revocations ([00:26]):

  "Every time I find one of these lunatics, I take away their visas."

• Maria Luisa Paul on Free Speech Protections ([05:18]):

  "The First Amendment... protects people's right to speak freely, publish their views, protest without feeling that the government is going to persecute you."

• Heather Kelly on Device Searches ([15:56]):

  "It's increased security to prevent terrorism or somebody coming into the United States with ill plans."

• Maria Luisa Paul on Legal Protections ([13:01]):

  "The First Amendment is one of the cornerstones of democracy here. It's what makes the American system what it is."

This summary is based on the transcript provided and aims to capture the essence and key discussions of the podcast episode for those who have not listened.