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Trump order could see Pro-Hamas protesters on H1B visas deported

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President Donald Trump signed an executive order during his first week back in office that gives the Department of Homeland Security (DHS) the authority to deport foreign nationals, including students, who express support for groups designated as terrorist organizations by the U.S. government. The order, titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” focuses on individuals who support, promote or assist in terrorist activities.

Foreign nationals supporting Hamas could be targeted

Under the new directive, DHS can actively remove individuals from the country, who meet the criteria of supporting terrorism unless doing so would compromise national security or ongoing investigations. The order’s provisions could raise concerns for some foreign students who participated in pro-Palestinian rallies held on college campuses in the wake of the Oct. 7, 2023, attack on Israel.

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Some of these students have been accused of advocating for Hamas, a group designated as a foreign terrorist organization by the U.S., with particular attention being drawn to the presence of Hamas symbols and flags at these rallies.

Controversy surrounding the executive action

Critics of the order, including civil rights groups like the Council on American-Islamic Relations (CAIR), have voiced concerns about its potential to infringe on free speech. The organization issued a statement arguing that the executive order “threatens an unprecedented crackdown on free speech and legal immigration” by applying “vague, subjective, and unenforceable” criteria. The move has sparked debate over the balance between national security and individual rights.

Review of visa practices and stricter screening for high-risk countries

In addition to deportations, the executive order mandates a review of how the U.S. issues visas. A report outlining recommendations for stricter visa restrictions from specific countries deemed to pose security risks will be presented to the president within 60 days.

The order also strengthens the vetting process for foreign nationals, introducing enhanced screening for individuals seeking to enter or remain in the United States.

The government will pay particularly close attention to nationals from countries identified as having significant security risks, further tightening the screening process.

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PRESIDENT DONALD TRUMP SIGNED AN EXECUTIVE ORDER THIS WEEK THAT ALLOWS FOR THE DEPORTATION OF STUDENTS AND OTHER FOREIGN NATIONALS WHO EXPRESS SUPPORT FOR GROUPS DESIGNATED AS TERRORIST ORGANIZATIONS BY THE U.S. GOVERNMENT.

THE EXECUTIVE ORDER, TITLED “PROTECTING THE UNITED STATES FROM FOREIGN TERRORISTS AND OTHER NATIONAL SECURITY AND PUBLIC SAFETY THREATS” SPECIFICALLY APPLIES TO THOSE WHO SUPPORT, AID, OR PROMOTE TERRORIST ACTIVITIES. 

THE DEPARTMENT OF HOMELAND SECURITY IS NOW AUTHORIZED TO TAKE IMMEDIATE ACTION TO REMOVE SUCH INDIVIDUALS UNLESS IT WOULD INTERFERE WITH NATIONAL SECURITY OR ONGOING INVESTIGATIONS.

THIS MOVE HAS DRAWN ATTENTION TO THE PARTICIPANTS OF PRO-PALESTINIAN RALLIES HELD AT COLLEGE CAMPUSES FOLLOWING THE OCTOBER 7TH ATTACK ON ISRAEL. SOME FOREIGN STUDENTS WHO PARTICIPATED IN THESE RALLIES COULD BE AFFECTED IF THEY WERE ADVOCATING FOR HAMAS – A DESIGNATED FOREIGN TERRORIST GROUP.

AT THESE RALLIES – HAMAS SYMBOLS AND FLAGS WERE WORN AND FLOWN BY SOME PARTICIPANTS IN THE CROWDS.

PRESIDENT TRUMP HAS LONG CRITICIZED EXTREMIST VIEWS ON U.S. COLLEGE CAMPUSES, AND DURING HIS CAMPAIGN, HE PLEDGED TO TAKE ACTION AGAINST ANY FOREIGN NATIONALS PROMOTING ANTI-AMERICAN OR VIOLENT IDEOLOGIES.

HOWEVER – SOME CRITICS OF THE EXECUTIVE ACTION ARGUE IT COULD IMPEDE ON FREE SPEECH.

THE COUNCIL ON AMERICAN ISLAMIC RELATIONS ISSUED A STATEMENT SAYING THE ORDER “…threatens an unprecedented crackdown on free speech and legal immigration based on vague, subjective and unenforceable criteria.”

THE ADMINISTRATION IS NOW TASKED WITH REVIEWING VISA ISSUANCE PRACTICES, AND A REPORT IS DUE TO THE PRESIDENT IN 60 DAYS OUTLINING WHICH COUNTRIES MAY FACE STRICTER RESTRICTIONS.

THE ORDER ALSO STRENGTHENS THE VETTING PROCESS FOR FOREIGN NATIONALS, REQUIRING ENHANCED SCREENING FOR ANYONE SEEKING TO ENTER –OR ALREADY IN THE U.S.

THE GOVERNMENT WILL BE LOOKING PARTICULARLY CLOSELY AT NATIONALS FROM COUNTRIES IDENTIFIED AS HAVING SECURITY RISKS.

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