> 1. First Amendment rights do not apply to foreign nationals.
The court ruled they don't apply to foreign nationals prior to arrival in the United States. Once foreign nationals are in the United States first amendment rights do apply.
So the state can ask for social media details when the applicant is filing the visa application overseas. Disclaimer I'm (or was) a foreign national myself.
I would not have rights even at the port of entry, or within 100 miles of international border.
Border patrol can actually detain someone if they are not able to determine valid visa status due to silly reasons such as not having internet connection. I know two people who were in the situation.
If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship on their person if they are in the United States. If you have valid immigration documents and are over the age of 18, the law does require you to carry those documents on you. If you are asked by an immigration agent to produce them, it is advisable to show the documents to the agent or you risk being arrested. If you are an immigrant without documents, you can decline the officer’s request. An agent may likely ask you more questions if you decline a request. No matter what category you fall into, never provide false documents to immigration officials.
I asked what his point was because his comment really had no relevance to my comment which he was replying to. All my comment did was clarify that the original comment regarding foreign nationals having no first amendment rights was not accurate.
I could have also pointed out that he was not fully correct because visa applications are also completed within the United States. The judge in the case even agreed that there were first amendment issues regarding those completing applications within the US but in the case of immigration deference should be given to immigration requirements.
Like I mentioned, you do not have rights until you have cleared immigration at the port of entry within the US, regardless of visa status.
Also, 9/11 anniversary was couple of days ago, and we all know how the rights of so many Muslims lawfully living in the US were thrown out of the window merely 20 years ago.
> 1. First Amendment rights do not apply to foreign nationals.
This seems in stark opposition to Jefferson's earlier writing. The rights laid out in your constitution are not granted by the constitution, but acknowledged in it.
A. Jefferson said that government gains its power from the consent of the governed. There is some distinction make between the the governed and the not-governed.
B. While there are inalienable rights, one must answer whether (temporary) immigration is one of those rights.
It was not very long ago, when I understood that many prominent employers would demand credentials -- not just your username, but your password too -- for all your social media accounts, so they could comb through and find stuff on you as a job candidate, never mind if it were personal, private, family-related.
I think they have relented on that sort of intrusion, but then again, I am sure that there are plenty of background check services that can easily penetrate and scrape most social media accounts for anything and everything a prospective employer (or stalker or abuser or LEO) would want to know, for a small price.
Wait, was this actually common? I don’t think I’ve ever applied , got hired and was ever asked for my social media logins at half dozen places I’ve worked at since the early 2000s. Maybe it’s rare or I was just fortunate to never have worked for an employer that did that.
Common as in more probable than not? No. Common as in there was a good chance of it, especially for low-level positions (for some reason)? Yes, there are plenty of news articles from the beginning of the 2010s that talk about it.
I remember reading an article from an HR manager who had to do that. He had a woman begin emailing discrimination lawyers in his office because she knew he was about to find out she was pregnant from her Facebook.
"Then upon investigation we have found you have not been truthful regarding your disclosure of social media accounts. We're sorry, but your visa application is now rejected, and you're now banned from re-applying for a visa for several years."
Lie and they find out and you're basically fucked. :')
30 comments
[ 2.7 ms ] story [ 125 ms ] thread1. First Amendment rights do not apply to foreign nationals.
2. There is no specific allegation of infringement to rights of citizens.
The court ruled they don't apply to foreign nationals prior to arrival in the United States. Once foreign nationals are in the United States first amendment rights do apply.
I would not have rights even at the port of entry, or within 100 miles of international border.
No, you would once admitted to the US.
https://www.aclu.org/know-your-rights/border-zone#are-there-...
If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship on their person if they are in the United States. If you have valid immigration documents and are over the age of 18, the law does require you to carry those documents on you. If you are asked by an immigration agent to produce them, it is advisable to show the documents to the agent or you risk being arrested. If you are an immigrant without documents, you can decline the officer’s request. An agent may likely ask you more questions if you decline a request. No matter what category you fall into, never provide false documents to immigration officials.
I could have also pointed out that he was not fully correct because visa applications are also completed within the United States. The judge in the case even agreed that there were first amendment issues regarding those completing applications within the US but in the case of immigration deference should be given to immigration requirements.
Like I mentioned, you do not have rights until you have cleared immigration at the port of entry within the US, regardless of visa status.
Also, 9/11 anniversary was couple of days ago, and we all know how the rights of so many Muslims lawfully living in the US were thrown out of the window merely 20 years ago.
I know we are provided context through this thread but it could have been much accurately written while still being concise.
This seems in stark opposition to Jefferson's earlier writing. The rights laid out in your constitution are not granted by the constitution, but acknowledged in it.
B. While there are inalienable rights, one must answer whether (temporary) immigration is one of those rights.
I think they have relented on that sort of intrusion, but then again, I am sure that there are plenty of background check services that can easily penetrate and scrape most social media accounts for anything and everything a prospective employer (or stalker or abuser or LEO) would want to know, for a small price.
Would hackernews commentary accounts require disclosement?
(Did the average age on HN go down recently?)
No need to be overly snarky.
Lie and they find out and you're basically fucked. :')