Press Release

WASHINGTON, D.C. – Today. U.S. Senator Peters Welch (D-Vt.), Ranking Member of the Senate Judiciary Subcommittee on The Constitution , together with U.S. Senator Alex Padilla (D-Calif.) , Ranking Member of the Senate Judiciary Subcommittee on Border Security and Immigration , introduced bicameral legislation to confront President Trump’s reckless attacks on freedom of speech against visa-holders and legal permanent residents. The Land of the Free Act would repeal Section 237(a)(4)(C) of the Immigration and Nationality Act , which grants the Secretary of State the unreviewable power to deport non-citizens whose presence in the United States would have “potentially serious adverse foreign policy consequences for the United States.” The Trump Administration has weaponized this rarely used provision in the Immigration and Nationality Act to punish individuals who speak out against its policies or are perceived political enemies. Representatives Deborah Ross (D-NC-02) and Becca Balint (D-VT-AL) introduced companion legislation in the House of Representatives. “President Trump is attacking free speech and weaponizing immigration law in an attempt to silence voices speaking out against his administration’s policies. The Trump Administration’s retaliatory attacks on the right to free speech threaten millions who are here in America legally. Congress can’t sit by while this president runs roughshod over the First Amendment,” said Senator Welch . “I’m leading this legislation with Senator Padilla to protect the fundamental right to free speech.” “The Trump Administration has made clear it will target anyone it disagrees with, going so far as to infringe upon constitutionally protected freedoms to crack down on dissent,” said Senator Padilla. “The Land of the Free Act would put an end to this abuse of power and ensure everyone in this country can exercise their right to free speech without fear of deportation.” “Since day one, the Trump Administration has continually violated the constitutionally protected free speech rights of immigrants in this country,” said Rep. Ross . “We cannot let this corrupt administration go unchecked and undeterred. That’s why Congresswoman Balint and I are introducing legislation to curb their abuse of federal law to deport individuals who they disagree with. The freedom of speech is a foundational principle of our democracy, and I urge my colleagues to join us in this important fight to protect it.” “The Trump Administration is using any excuse they can to deport people for speech they don’t like,” said Rep. Balint . “But Americans know the Constitution guarantees people within our borders the most basic of rights including due process and free speech. This administration has ignored those fundamental rights to flex their authoritarian power and remove people they disagree with. Rep. Ross and I won’t let them continue to trample on our rights. It’s time we take away the Trump administration’s power to arbitrarily detain people and firmly protect everyone’s right to free speech in this country.” Since January, the Trump Administration has invoked Section 237(a)(4)(C) of the INA to initiate deportation proceedings against visa-holders and legal permanent residents, based on a determination by the Secretary of State that their presence or activities “would have potentially serious adverse foreign policy consequences.” The Trump Administration has weaponized this rarely used, Cold War-era provision of the INA in deportation attempts that have targeted individuals for speech and activism the Administration disagrees with, including against Mohsen Mahdawi , Mahmoud Khalil , and Rümeysa Öztürk . 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. Specifically, the legislation would protect visa-holders and legal permanent residents from the Administration’s targeting of noncitizens by: Amending the Immigration and Nationality Act by repealing Section 237(a)(4)(C), which would remove the Secretary of State’s unreviewable authority to deport visa holders and legal permanent residents. Limiting the Executive Branch’s power to detain and initiate deportation proceedings against residents of the United States who engage in speech the President opposes. Providing much-needed protection from weaponization of the provision against visa-holders and legal permanent residents who are exercising their constitutionally protected right to free speech or who are perceived enemies of the Administration. In addition to Sens. Welch and Padilla, the Land of the Free Act is cosponsored by Senate 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.). In addition to Reps. Ross and Balint, the Land of the Free Act is cosponsored in the House by Reps. Rashida Tlaib (D-MI-12), Lateefah Simon (D-CA-12), Hank Johnson (D-GA-04), Mary Gay Scanlon (D-PA-05), Alexandria Ocasio-Cortez (D-NY-14), Summer Lee (D-PA-12), Jerry Nadler (D-NY-12), Valerie Foushee (D-NC-04), Sydney Kamlager-Dove (D-CA-37), and Emily Randall (D-WA-06). The bill is endorsed by the American Civil Liberties Union (ACLU), the Knight Institute, and the Immigrant Legal Resource Center. Learn more about the Land of the Free Act . Read and download the full text of the bill. Senator Welch has been a leading voice in speaking out against the Trump Administration’s attacks on free speech, including supporting the No Political Enemies (NOPE) Act , legislation protect individuals and organizations from politically motivated harassment and prosecution by the federal government. In March, Senator Welch led Sen. Durbin and U.S. Reps. Jamie Raskin (D-MD-08) and Mary Gay Scanlon (D-PA-05) in calling on the Department of Homeland Security (DHS) and the Department of State to end all attempts to target and punish Mahmoud Khalil. Senator Welch also led a group of eight colleagues in demanding answers and all written material from the State Department and the Department of Homeland Security about the unlawful arrest and detention of Khalil. The Vermont Congressional Delegation decried the Trump Administration’s illegal and immoral detention of Mohsen Mahdawi of White River Junction, Vermont, in March 2025. Senator Welch met with Mahdawi in Vermont during his detention and subsequently published an opinion piece in the Boston Globe entitled: “ Detained activist Mohsen Mahdawi: ‘A prisoner of this White House ,’” outlining the dangers and consequences of the Trump Administration’s determination to run roughshod over the First Amendment. ###