Press Release

Welch: “ The whole point of free speech is that you can speak truth to power.” WASHINGTON, D.C. – Today, U.S. Senator Peter Welch (D-Vt.) , Ranking Member of the Judiciary Subcommittee on the Constitution , alongside U.S. Senator Chris Van Hollen (D-Md.) , Senate Judiciary Committee Ranking Member Dick Durbin (D-Ill.) , the Knight First Amendment Institute , and Mohsen Mahdawi , a Vermonter and Columbia University student targeted by the Trump Administration for exercising his free speech rights, held a press conference following a congressional briefing on threats to freedom of speech in the United States, including the Trump Administration’s use of immigration authorities to target noncitizens because of speech and association the government dislikes. Watch a livestream of the press conference here and view photos from the event below: At the press conference, the lawmakers highlighted the need for Congress to reform the Immigration and Nationality Act (INA) to safeguard visa-holders and legal permanent residents whose constitutionally-protected speech and association has been targeted by the Trump Administration, including pro-Palestinian student protesters Mohsen Mahdawi , Mahmoud Khalil , and Rümeysa Öztürk . Last week, an immigration judge ordered Mahdawi to be deported; Mahdawi is appealing the ruling with the support of the American Civil Liberties Union (ACLU) and CLEAR. In his remarks, Senator Welch highlighted the Land of the Free Act , bicameral legislation led alongside Senator Alex Padilla (D-Calif.), which confronts President Trump’s reckless attacks on freedom of speech against visa-holders and legal permanent residents. “Whenever there is stress in the country, it is a time of maximum jeopardy for the right to free speech, and it often starts with the most vulnerable members of our society. I’m honored to have my fellow Vermonter, Mohsen Mahdawi here—he’s been an eloquent and brave spokesperson for the First Amendment, the rights of Palestinians, and the belief that everyone is entitled to dignity and respect. The notion that a president can deport someone for speaking out against his administration is extraordinarily contrary to the rights we have in the United States to speak our minds,” said Senator Welch . “Congress must pass my Land of the Free Act to stop President Trump’s attempts to suppress free speech.” “The Constitution does not allow the government to pick and choose which voices deserve protection. It does not allow officials to punish people based on their speech. The First Amendment belongs to everyone, not just those in power, and we must continue to stand with those who the government has attempted to silence, including Mohsen and others who have been illegally targeted,” said Senator Van Hollen . “The First Amendment protects the freedoms of religion, speech, press, assembly, and the right to petition the government. These five freedoms form the bedrock upon which our Constitution is based. But today, we see these freedoms threatened by President Trump and his MAGA allies,” said Senator Durbin . “Throughout his second term, Trump has sought to use his power to punish his perceived opponents and those whose speech he dislikes. But the First Amendment is stronger than any one President. And I will continue to fight to ensure that all those on our shores have access to its protections.” “Mohsen Mahdawi was on the final step of his citizenship process when he was illegally arrested and imprisoned by masked ICE agents. He committed no crime and broke no laws. Instead, President Trump directed his domestic army, ICE, to detain Mohsen because he exercised his First Amendment rights. Let me be clear: We are living in an unprecedented and dangerous moment. We must all come together to stand up against Trump’s authoritarianism,” said Senator Sanders . “The foreign policy provisions of the Immigration and Nationality Act have long been vulnerable to abuse, and we’re seeing that danger play out again today,” said Nadine Farid Johnson , Policy Director , Knight First Amendment Institute at Columbia University . “No one should face deportation or exclusion because of the ideas they express, the people they associate with, or the work they do. The Land of the Free Act is a critical step toward correcting course and making clear that the government cannot use immigration law to evade the First Amendment and the rights it protects.” “This is a matter that would affect the DNA of this country; that would affect millions of students who are afraid to say their mind right now on university campuses; that would affect more than 13 million green card holders; that would affect every visa holder in this country—and it will not end here,” said Mohsen Mahdawi . “I’m grateful for the deep faith that Senators here and many others have continued to give me; I’m grateful for the hope, and I believe in the land of the free; I believe that on American soil, under the American flag, injustice will not be tolerated, and this must be stopped.” Section 237(a)(4)(C) of the INA renders an individual deportable if: “the Secretary of State has reasonable ground to believe” that the individual’s presence or activities in the United States “would have potentially serious adverse foreign policy consequences.” Beyond targeting students for anti-war protests, the administration has used it to target researchers and advocates whose work focuses on social media and online harms. This provision has been used only 15 times in its 35-year existence and only twice in the last 20 years. In preliminary hearings, courts have found the Trump Administration’s use of this INA section as retaliation for protected speech they disagree with is likely unconstitutional. In the only reported federal judicial opinion on the constitutionality of the provision, U.S. District Court Judge Maryanne Trump Barry found the law invoked by President Trump was unconstitutional in 1996. Senator Welch’s bicameral Land of the Free Act to repeal Section 237(a)(4)(C) of the INA is co-led with Senator Padilla and supported by Democratic Whip Dick Durbin (D-Ill.) and Sens. Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Ed Markey (D-Mass.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), and Elizabeth Warren (D-Mass.). ###