Three major labor unions are suing the Trump administration, claiming the federal government violated the First Amendment rights of foreign visa holders by monitoring their social media posts for extreme political viewpoints.
The United Auto Workers, Communications Workers of America, and the American Federation of Teachers filed the lawsuit Thursday against the State Department, the Department of Homeland Security, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement.
The lawsuit follows revelations that the State Department revoked at least six visas after visa holders made social media comments about conservative activist Charlie Kirk, who was murdered last month.
“Plaintiffs represent thousands of people whose speech is chilled by the threat of adverse immigration action if the government disapproves of anything they have expressed or will express,” the lawsuit reads.
National Security vs. Free Speech
Administration officials have emphasized that foreign nationals do not have the same constitutional rights as American citizens and do not have a right to hold a visa.
In a statement, State Department Principal Deputy Spokesperson Tommy Pigott said:
“The United States is under no obligation to allow foreign aliens to come to our country, commit acts of anti-American, pro-terrorist, and antisemitic hate, or incite violence.
“We will continue to revoke the visas of those who put the safety of our citizens at risk.”
The unions, however, argue that the government has gone further, targeting individuals for expressing criticism of the U.S. government, Israel, or supporting Hamas or other terrorist groups.
The complaint cites high-profile deportation efforts, alleging the administration uses AI surveillance programs to monitor social media to find evidence of extremist views that could pose a threat to national secutiy.
Example Cases
The lawsuit highlights the case of Mahmoud Khalil, a pro-Hamas activist who entered the country on a student visa.
Khalil was arrested for leading the anti-Israel unrest at Columbia University.
He was released in June after the government attempted to deport him.
Union attorneys argue that such actions have created a negative effect.
According to the filing, some union members have stepped down from leadership roles, avoided public union events, and deleted or refrained from posting on social media.
“This loss of engagement has harmed the plaintiffs’ ability to further their organizational missions and impeded their ability to carry out their responsibilities,” the lawsuit claims.
Trump’s Executive Order
On his first day back in office in January, President Donald Trump signed an executive order requiring that visa holders “do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security.”
Over the summer, the State Department announced it would require visa applicants to make their social media accounts public for monitoring.
Interviews are also used to determine who might pose a threat.
Union lawyers argue that those requirements silence foreign workers, even when they may threaten the safety of Americans.
The administration counters that national security and protecting American citizens must remain the priority.
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